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Every day, tens of thousands of people across the country seek medical advice from doctors, physicians, surgeons, and other qualified professionals. In some instances, we seek surgical remedies for the problems we are having. Other instances involve people obtaining medications to treat illnesses and ailments. Patients turn to medical professionals for treatment and advice because they are experienced and highly educated in their fields and people need help for things that ail them. We all want to believe that our providers have our best interests in mind. 

Unfortunately, surgical errors, misdiagnoses, and other mistakes occur fairly regularly, leaving patients to endure serious injuries and consequences. In some cases, patients are left with life-long impairments that require constant treatment and attention and hinder their ability to perform simple tasks. In the worst-case scenario, the patient does not survive the careless, reckless, or negligent action of the medical professional.

Patients who are forced to endure the mental and physical consequences of medical malpractice are further burdened by having to miss work to recover. The financial devastation resulting from lost wages and medical expenses are not only difficult for the victim to deal with, but it often puts a strain on their entire family. Then, there are more extreme cases where injured patients are forced out of work indefinitely due to their injuries. When victims are harmed as a result of a medical professional’s reckless or negligent actions, it is crucial that they contact a medical malpractice attorney as soon as possible to explore legal options available to them. Those harmed may be entitled to compensation for their painful and traumatic experiences so they can move forward better positioned to deal with their recovery.

Our medical malpractice attorneys at The Malpractice Group have extensive experience helping injured patients get the justice they deserve. Our team advocates on behalf of those harmed by assisting them in protecting their legal rights after being subjected to medical malpractice. Our competent and skilled team of lawyers firmly believe that negligent medical professionals should be held accountable for their actions. Not only do we help victims maximize their recoveries after tragic incidents, but we try to safeguard others from being victimized as well. 

After an initial consultation, we get started by investigating the incident. We gather evidence in support of the victim, investigate the medical professional, and establish a solid legal claim on behalf of our clients to ensure they obtain the outcome they expect. We aggressively negotiate full and fair settlements to ensure those harmed are able to get the medical treatment they need to recover. Contact our medical lawyers as soon as possible to see how we can help you.

How Do Lawyers Determine if Medical Malpractice Occurred?

When medical negligence has occurred, it is important to understand what “standard of care” means. In medicine, the standard of care is defined as what a reasonably competent medical professional or organization would do under similar circumstances for a patient. When nurses, doctors, physicians, and other medical professionals deviate from the standard of care, it can have dire consequences for the affected patients. Patients who are injured or harmed under these circumstances can file legal claims for medical malpractice. Some common examples of medical malpractice include those surrounding:

  • Birth Injuries: There are certain practices and procedures that obstetricians follow throughout the pregnancy and delivery process. When medical professionals cut corners and engage in risky behaviors that cause injuries to the child or the expecting mother, they can be held liable.
  • Diagnostic Errors: Being diagnosed with the wrong illness can have a detrimental impact on your ability to receive the treatment you need for your condition. When doctors misdiagnose patients, miss diagnosis of patients, or are delayed in diagnosing patients with illnesses or injuries, lawsuits may be filed to obtain compensation and justice for your medical expenses and various other damages.
  • Treatment, Medication, and Monitoring Errors: Receiving the improper treatment or medication can have a devastating impact on a patient’s life. Not only do they risk not getting the treatment they need, but the possibility of experiencing problems associated with drug interactions, too high of dosages, and various other complications are more likely.
  • Informed Consent: Medical malpractice occurs under these circumstances when patients consent to a specific procedure and wake up to find that something entirely different was performed. An example would be when a patient consents to a left knee replacement and wakes up to find the right knee was replaced instead.
  • Anesthesia Malpractice: There are instances where patients receive too much or too little anesthesia. This can lead to patients waking up during surgery, which can be extremely painful and traumatic. Patients who are given too much anesthesia may suffer life-threatening complications.
  • Hospital Malpractice: Patients often go to the emergency room for immediate medical attention. When patients do not receive an accurate and timely diagnosis for their injuries or illness, they can suffer overwhelming consequences. 
  • Post-Operative Infections: When patients undergo surgery or various types of treatment, they often spend time in hospitals or care facilities to recover. Unfortunately, there are instances where patients do not receive adequate care. As a result, their wounds and incision sites develop life-threatening infections.
  • Surgical Errors: Although doctors and surgeons perform surgeries regularly, there are instances where errors occur. In some cases, gauze and surgical tools are left inside patients. This can cause a massive infection that can be life-threatening. 

When patients are harmed, medical negligence lawyers review the clients’ medical records to determine if injuries were the result of negligence. Whether a patient suffered an illness, ailment, or disability, it is important to determine the cause of the injury. In addition to reviewing medical records, negligent attorneys will take depositions of the doctors, nurses, physicians, and other medical professionals suspected of causing the injuries to the client.

In many cases, experienced attorneys seek help from other experts as well. While building a case, an attorney may ask a forensics specialist to review the records to uncover evidence indicating a medical provider attempted to cover up instances of negligent behaviors. In most cases, attorneys will consult with medical professionals who have relevant backgrounds to form a complete picture depicting what went wrong with their client’s treatment.

If you were injured as a result of medical malpractice, contact The Malpractice Group as possible to explore legal options available for you. Our skilled team of personal injury lawyers is available to help those injured by the careless and negligent actions of medical professionals get the justice they deserve.

Medical Malpractice in Babies

A recent study revealed that the United States had the highest infant mortality rate and the third-highest postneonatal mortality rate in the world. More than 28,000 babies are impacted by birth injuries each year. Some of the most common conditions resulting from devastating birth injuries include:

  • Periventricular Leukomalacia (PVL): This injury occurs when there is damage to the brain’s white matters surrounding the ventricles. PVL is caused by oxygen deprivation at birth, brain bleeds, or infections transmitted from the mother at birth.
  • Intracranial Hemorrhages: Brain bleeds are often the cause of oxygen deprivation or trauma at birth. In many cases, brain bleeds are caused by medical negligence, particularly when doctors misuse forceps, vacuum extractors, and other tools during birth.
  • Infections: Sepsis and meningitis are just two potentially life-threatening infections babies can obtain. In some cases, these infections are in the placenta and spread to the baby. Infections can have a devastating impact on the health and wellbeing of newborns who already have compromised immune systems.
  • Jaundice/Kernicterus: Jaundice is easily diagnosed and treated. If the condition is not adequately treated, kernicterus can develop. Kernicterus is a dangerous form of brain damage that is often permanent.
  • Developmental Delays: There are instances where birth injuries cause developmental delays for babies. Those who suffer cerebral palsy, Erb’s palsy, spinal cord injuries, and other injuries are likely to experience delays in both physical and mental development.
  • Seizures: Traumatic injuries to the head during or immediately after birth can result in seizure disorders. In some cases, seizures are a consequence of oxygen deprivation.
  • Cerebral Palsy (CP): Cerebral palsy is a neurological condition that is caused by a lack of oxygen to the brain. This birth injury is often devastating and requires extensive medical treatment. CP can cause motor skill impairments, muscle tone issues, and movement disorders.
  • Birth Asphyxia/Hypoxic-Ischemic Encephalopathy (HIE): This birth injury is caused by oxygen deprivation to the brain. When the brain is deprived of oxygen, it can cause developmental delays, seizure disorders, and other devastating consequences.

Birth injuries are often a result of provider negligence while administering prenatal care, during labor and delivery, or the negligent management of a baby after the birthing process. These injuries can occur at any time in the NICU or if any resuscitation took place. Some examples of medical errors that lead to birth injuries include:

  • The failure to monitor for signs of fetal distress
  • The failure to respond to signs of fetal distress
  • The misuse of Pitocin or Cytotec 
  • Not using forceps or vacuum extractors appropriately 
  • Mismanagement of problems surrounding the uterus, placenta, umbilical cord 
  • Not responding appropriately to abnormal fetal presentations
  • Not taking adequate precautions in high-risk pregnancies
  • Failure to properly treat a baby who has already suffered a birth injury

If you believe your child’s injuries were caused by medical negligence, you should reach out to the experienced and skilled medical malpractice attorneys with The Malpractice Group as soon as possible to discuss your medical situation and find out if you have the right to file a claim. You may be entitled to compensation to help cover the long-term costs of medical treatment, pain and suffering, and various other damages your family is forced to endure.

The Burden of Proof in Medical Negligence Claims

It is imperative that legal claims surrounding medical malpractice are filed within the state’s statute of limitations. In nearly all instances, filing a legal claim as soon as possible can significantly benefit a victim. Waiting to file a claim can jeopardize evidence and lead to lost records, which can make proving that negligence occurred, extremely difficult. Aside from the timely filing of a legal claim, victims are in the best position when working with a knowledgeable medical malpractice lawyer in their area. Cases involving medical malpractice are extremely complex, so it is crucial to retain the assistance of a proven legal team with experience in handling these claims. Skilled personal injury and medical malpractice lawyers know what evidence is needed to prove your case, which will help you best demonstrate the burden of proof to be successful with your claim.

When filing a medical malpractice lawsuit, a plaintiff must be able to prove their case. Victims have to prove that several elements of negligence are present to succeed when filing a legal claim against a negligent medical provider. The burden of proof must accurately demonstrate the following:

  • A Doctor-Patient Relationship Existed: Patients must be able to prove that they had a direct relationship with the defendant. They must show that they turned to the doctor, nurse, or another medical provider for advice, care, or treatment. Lawsuits surrounding medical malpractice are only possible in cases where doctors have fully cared for and treated the plaintiff.
  • Negligence Occurred: Although different care providers have different opinions on how to best treat patients, it is crucial that they adhere to the acceptable standards of care. When medical professionals deviate from this standard, problems can occur. The second element of proof must demonstrate that the medical professional engaged in some sort of negligence occurred during their treatment. Negligence by medical professionals is usually some type of action that another medical professional with a comparable background would not perform under the same circumstances. In many cases, victims benefit greatly by working with other medical professionals who can testify regarding more appropriate responses and treatments. 
  • Negligence Caused the Injuries: Patients must then prove that the negligent actions of the medical professional directly caused injuries to them. They must be able to prove that the negligent acts of doctors, nurses, or other medical professionals directly caused or worsened their injuries or illnesses. Whether a patient’s symptoms worsened due to a misdiagnosis, they did not receive timely care as a result of a missed diagnosis, or they received the entirely wrong treatment, they must prove that the negligent treatment they endured caused them to suffer some sort of physical, mental, or emotional injury.
  • The Injury Caused Damages: Patients must further prove that they suffered damages as a result of the injuries caused by the negligent medical professional. In many cases, patients of medical malpractice suffer overwhelming mental anguish, physical pain, stacking medical bills, and a variety of other damages as a result. Accurately and thoroughly proving the damages caused by the injuries is a victim’s best bet for recovering the maximum amount of compensation available.

The financial cost of an injury sustained from medical malpractice can continue to burden victims and their families for years. Dealing with time off work, medical bills, costs of rehabilitation services, and long-term care costs can result in millions of dollars in financial damages. For this reason, it is crucial that victims get the justice they deserve. Working with a reputable and aggressive medical malpractice attorney will help victims prove their cases and get the justice and compensation they deserve. Contact our team of skilled medical malpractice lawyers at The Malpractice Group today to schedule a free case evaluation to discuss legal options available for you.

Determining the Value of Your Medical Malpractice Claim

Prior to reaching out to a medical malpractice lawyer, injured patients may wonder if they have a right to file a claim, and if so, what type of financial compensation can be sought against the medical professional that caused the injury. When evaluating a medical malpractice lawsuit and placing a monetary figure on the injury and losses sustained, there are many factors taken into consideration. 

In most cases, victims are able to recover compensation for a variety of damages that are forced to face. At The Malpractice Group, some of the economic damages we help victims obtain through compensation include:

  • The costs of medical treatment
  • The costs of long-term care facilities and therapy
  • The costs of medication and medical devices
  • Lost wages for doctor appointments
  • Lost earnings for victims forced out of work indefinitely due to their injuries
  • Disfigurements 
  • Household services
  • Permanent disabilities
  • Special damages

Finally, it is important to consider whether your state has a cap on certain types of compensation. For example, states like Maryland place a limit on the amount of non-economic damages that victims can recover. These awards are provided for subjective harm resulting from medical malpractice. Some examples of non-economic damages include:

  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of society and companionship
  • Loss of enjoyment of life

If you were injured as a result of a medical professional’s careless, reckless, or negligent actions, contact The Malpractice Group today to discuss your claim. Our team of aggressive medical negligence attorneys is dedicated to helping victims hold negligent doctors, nurses, or other medical professionals accountable so they can get the justice and compensation that they deserve.

Asserting Your Rights through a Medical Malpractice Claim

 

Medical malpractice is a complex area of law. Bringing a medical malpractice lawsuit to court requires specialized knowledge of the law and medicine. It also requires a substantial financial investment. It is imperative to bear this in mind when selecting a medical malpractice law firm to help you or a loved one recover the appropriate amount of compensation for injuries and damages. For this reason, we at The Malpractice Group of WVFO take our time to select the finest trial lawyers who have proven track records in court. Our record of settlements and verdicts across Washington DC, Maryland, Minnesota, and various other states truly reflects our abilities and commitment to our clients.

If you think you or a loved one may have been injured as a result of a medical mistake or error, it is crucial that you contact our law firm as soon as possible. Scheduling a free consultation with The Malpractice Group as soon as possible allows us to review the matter with you at no cost to you. It is not always clear that medical negligence was the cause of a medical injury or a childbirth injury. Medical providers will nearly always deny that they did anything wrong. For this reason, it is important that you seek advice and the opinion of a qualified attorney so you can ensure that your rights are protected and you get the justice you deserve. 

In many instances, childbirth or medical malpractice cases are not presented to attorneys until it is too late. Once a medical provider says the outcome was a natural result, it can have a damaging impact on a victim’s ability to recover. Accepting their opinion and dealing with the staggering financial ramifications is just unacceptable. Instead, it is crucial to reach out to a qualified malpractice attorney at The Malpractice Group to receive an in-depth evaluation of your case and your medical records.

The Malpractice Group Can Help You

Patients who are injured as a result of a medical professional’s negligence often require extensive medical treatment. These people are often forced to endure overwhelming pain and suffering and spend even longer off work to recover. Unfortunately, many victims are left with permanent impairments that continue to impact their health and wellbeing for the rest of their lives. For this reason, it is crucial that victims seek justice and compensation for their injuries. Our seasoned attorneys are dedicated to helping victims, and their loved ones, find the truth so they can get the closure they need regarding these very difficult matters. If the medical care our clients receive was not appropriate, we will provide them with an honest opinion about their experience. If you believe your injuries or illnesses were the results of medical malpractice, we will help you get the justice you deserve from those who cause you harm.

The medical negligence lawyers at The Malpractice Group of WVFO will pursue full and fair compensation for families affected by negligent medical professionals. Our negligence attorneys understand the challenges that injured patients face. Contact The Malpractice Group today at (312) 561-4324 to schedule a free case evaluation at your earliest convenience to see how we can help you get the justice you deserve.