Medical Malpractice Lawyer Silver Spring, MD
When you are looking for a medical malpractice lawyer Silver Spring, MD residents rely on, look no further than the trusted attorneys at Azari Law, LLC. When you have been injured because a medical professional was reckless or negligent, we believe it is important to uphold your rights and ensure you get compensation for your injuries. Although we hold medical professionals to a very high standard, that does not mean that they will not make a mistake that will injure someone. Unfortunately, when a Maryland medical professional makes a negligent mistake, it can have serious repercussions. If you have been injured and believe that it was the result of medical malpractice, please reach out to our team now.
What does it mean to be a victim of medical malpractice?
You may not have known you were injured right away when it comes to medical malpractice. When a medical professional makes a negligent mistake, they may not own up to it right away or they may tell you that it was simply a possibility that you should have known about. However, there are many ways that a medical professional can commit medical malpractice and it is important that you get representation from a Silver Spring, Maryland medical malpractice lawyer as soon as possible.
You may want to make a claim for any of the following:
- Errors during surgery. If you came out of surgery and believe a mistake was made, you could be dealing with severe or permanent injuries. Examples include surgeons amputating or operating on the wrong body part, or even leaving medical devices in a patient’s body.
- Errors during birth. If a medical professional fails to give you or your unborn baby, the help needed during childbirth, your baby may suffer from birth injuries such as cerebral palsy or nerve damage.
- Errors with prescription medication. If a medical professional prescribes you the wrong medication, failed to give you the medication you needed or gave you a dangerous dosage, this could be the basis of a medical malpractice claim.
- Errors diagnosing. If a medical professional diagnosed you with the wrong sickness or injury or gave you the proper diagnosis too late, you may have irreversible damage.
Medical Malpractice Infographic
Surgical Errors
Each Silver Spring, MD medical malpractice lawyer at our firm knows that one of the most common types of malpractice is surgical errors. There is always a risk in surgery—even a minor procedure—that there can be complications for the patient even if everything is done correctly, however, many of the complications that patients sustain are often the result of preventable surgical errors may be surgeons, nurses, or other medical professionals.
In many of these situations, these surgical errors are legally deemed as medical malpractice and the patient is entitled to financial compensation for the losses they have suffered. The following are the five most common types of preventable surgical errors we see in the cases we handle at our firm:
Operating on the wrong patient
This may seem like it would be an unlikely scenario, but the truth is it happens far more often than patients realize. A procedure on one patient that should have been done on another patient can occur because the patients have similar-sounding names, their medical charts were accidentally switched, or because of a clerical error.
Operating on the wrong body part
If the surgical staff do not take the proper time to verify the details of the procedure the patient is supposed to have or do not follow proper protocols, there is a high risk of the patient having the wrong body part operated on, such as operating on the right leg instead of the left. This harms the patient, who may need additional procedures to correct the mistake, as well as leaving the initial medical problem untreated.
Leaving surgical tools or other object inside the patient
The surgical team is required to account for every item used during surgical procedures, yet leaving behind a tool or object inside the patient is one of the most common—and deadliest—surgical errors that occur. A Silver Spring, MD medical malpractice lawyer has handled cases where the patient has suffered great harm, including severe infections or damage to organs because the surgical team left behind a sponge, clamp, or other object inside their body during surgery.
An example of a case where someone had a surgical object left inside of them:
An example of a case where someone had a surgical tool or object left inside their body after their initial surgery. In April 2013, Geraldine Nicholson underwent surgery for cancer, and the surgeons discovered a discarded surgical sponge in her abdomen.
This discovery was her first stop on a year-long hospital stay. She suffered from infections and illness, which caused her to be unable to do her chemotherapy and radiation treatments. In the end, Mrs. Nicholson died from cancer.
The particular problem is estimated to happen 1 out of every 1,000 surgeries to 1 in every 18,000 surgeries. Hospitals vary widely over how many retained objects get reported each year. These reports are difficult to interpret because objects can easily be missed, even when someone is back in for a repeat surgery.
In this instance, it is even more imperative that you hire a medical malpractice lawyer, Silver Spring, MD such as one from Azari Law, LLC so that you can ensure you and your family receive the compensation and acknowledgement from the hospitals that they deserve.
Injury to organs or other body parts
When a surgical error is made during a procedure, the patient can suffer permanent damage or even death. One common example of this type of surgical error is the perforation of the bowels. This type of error can cause serious infections in the patient. Another common error is when a surgeon accidentally severs a nerve, leaving the patient paralyzed.
Anesthesia errors
Many surgical procedures involve the patient being administered some type of anesthesia. This helps prevent sensation and pain for the patient while the surgery is taking place. Some of the most frequent anesthesia errors that a medical malpractice lawyer in Silver Spring, MD sees are:
- Anesthesia is administered incorrectly.
- The patient suffers an allergic reaction to the anesthesia.
- The patient’s vital signs are not monitored for signs of distress.
- The patient is given too much anesthesia and overdoses.
What are anesthesia risks?
While surgery and anesthesia are safer today, they’re still not without risk. In fact, anesthesia is inherently dangerous, like any other medication or procedure, as something can go wrong. Certain patients may experience adverse effects or complications. Sometimes these risks are attached to a patient’s age or medical condition. However, there are ways to lower your risks.
Some risks of anesthesia are listed below, this is by no means a complete list:
- You may be allergic to the anesthesia, or you may have a history of reactions. Allergic reactions can vary depending upon the type of anesthesia and the person.
- You may have postoperative delirium or other cognitive dysfunction. While this is most common in older individuals, you can develop it regardless of your age. You may be predisposed to this reaction to anesthesia if you have heart disease, Parkinson’s, Alzheimer’s, or have had a stroke.
- You may develop malignant hyperthermia. This is a potentially deadly reaction to anesthesia. It can occur during your surgery. It causes a quick fever and causes your muscles to contract. If you’ve ever had a stroke, or suffered from malignant hyperthermia during a previous surgery, talk to your physician.
- Breathing problems during and after surgery can be caused by anesthesia. This can be more dangerous for patients with breathing disorders, such as sleep apnea, COPD or other lung conditions.
If you suffer from any of the above, and you inform your physicians prior to surgery, or it is not handled correctly after surgery when it happens, reach out to a malpractice lawyer in Silver Spring, Maryland. Because the lawyers at Azari Law, LLC have experience in medical malpractice, they will best know how to handle your case. They’ll walk you through the steps to filing, and they’ll be with you every step of the way as your case commences to the end.
Contact Our Malpractice Law Firm for Help
If you or a loved one were a victim of medical malpractice, do not hesitate any longer. Reach out to Azari Law, LLC to speak with our medical malpractice lawyer in Silver Spring, Maryland now.
Medical Malpractice: Pursuing Damages
Damages in Medical Malpractice Cases
One role of a medical malpractice lawyer resides in the pursuit of damages for clients who are believed to be victims of medical malpractice. If it is ultimately determined that the patient claims are valid and warranted, they may be able to recover compensation for what is referred to as economic and non-economic damages. Similarly, if the medical malpractice resulted in a tragic loss of life, their family or successors may be the ones to recover damages through a wrongful death claim.
Economic Damages compared to Non-Economic Damages
Sometimes referred to as special damages, economic damage are financial reimbursement for expenses that were attained as a result of the malpractice. The central purpose of collecting economic damages is to pay for the expenses associated with treatment, therapy, and other costs of addressing the injuries. In some cases, the victim may experience a loss of ability to work, resulting in a loss of income. Loss of earning potential can also be accounted for as an economic damage. Lastly, economic damages can cover anticipated future medical expenses that would be attributed to the injuries sustained from malpractice – although special consideration will be made to ensure these estimates are not “overly speculative”. Supporting evidence for economic damages in most cases includes but not limited to official medical billing statements.
Punitive Damages
Punitive damages are somewhat rare, and are generally reserved for the most extreme cases of malpractice. Punitive damages are intended to punish the medical professional or care provider while standing as an example to others that this kind of conduct is not acceptable under any circumstances. A judge or jury has discretion in setting the award, within certain constitutional limits.
Wrongful Death and Survival Damages
When medical malpractice is determined to have been the cause of a tragic and wrongful death of a patient, damages typically are classified under two categories of damages. A wrongful death claim is intended to compensate the family of the deceased for expenses incurred during and after the passing of their loved-one – such as funeral expenses and anticipated future financial losses – based on how much the victim contributed to the finances of the family in question.
Survival Damages
Survival damages are damages which intend to compensate the estate of the victim or their heirs. The losses are directly related to malpractice that occurred prior to the death of the victim. Survival damages share many similarities to the damages that the victim may have collected if they had survived the medical malpractice. In some scenarios, the plaintiff will be able to collect compensation for medical costs and pain and suffering that was believed to be sustained by the victim prior to death.
Damages Caps
Damage caps vary based on the state where the malpractice occurred. A medical malpractice lawyer who is licensed and experienced in your state will be able to provide information about damage caps if they pertain to your case. In many cases, caps only apply to non-economic damages. Attorney fees in medical malpractice cases may be limited as well.
Why Do You Need a Lawyer?
It is crucial to have an experienced medical malpractice lawyer on your side throughout the entire case. Not only will he or she know what kind of compensation you may be eligible for, but your lawyer will also understand what kind of evidence will be necessary in proving your case. People in the United States are innocent until proven guilty, which means it will be the prosecution’s duty to show that the defendant has done something negligence that caused the injuries you sustained. Your lawyer will not only know what has worked for a specific judge in the past, but he or she will also know the laws of your state and will be able to answer any questions quickly and with ease. It is important to have someone on your side who will only help your case with answers, rather than potentially jeopardize it.
Evidence That May Be Used
The amount of evidence that is used in a medical malpractice case will vary, as every case is incredibly different. Your lawyer will likely do a deep dive into your medical records to determine where negligence may have occurred. Your experienced medical malpractice lawyer will also likely hire expert witnesses to testify on your behalf. This will include people who can vouch for how much you are seeking in damages, as whatever happened to you deserves to be covered by the at fault party, as well as people in the medical community who will verify that they – or another medical professional of sound mind – would not have made the same mistake as the person or people you are suing. Your lawyer may go back to the scene of the accident if something there was what caused the accident, and will try to paint a picture for the judge of what your life will look like moving forward. All of this can help bolster your case and is needed in order to get the maximum amount of compensation that you absolutely deserve.
Contact a Medical Malpractice Lawyer Today
Medical malpractice is an incredibly traumatizing thing to happen to people. This is why you need to make sure that you get proper representation so that you can get compensation and hopefully prevent this from happening to anyone else in the future. Do not hesitate to reach out to an experienced lawyer today. If you wait too long to file, you may not meet the statute of limitations in your state.
What Is Medical Malpractice?
When Should I Contact A Medical Malpractice Lawyer?
If you believe you or a loved one has been a victim of medical malpractice, you should contact a Silver Spring, MD medical malpractice lawyer as soon as possible. Early consultation can help preserve evidence, meet legal deadlines, and increase your chances of a successful claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional provides treatment that falls below the accepted standard of care, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.
What Qualifications Should I Look For In A Medical Malpractice Lawyer?
Look for a lawyer with specific experience in medical malpractice cases. They should have a track record of successful outcomes, a deep understanding of medical terminology and standards of care, and strong negotiation and trial skills.
How Do I Know If I Have A Valid Medical Malpractice Claim?
A valid claim typically involves proving that the healthcare provider owed a duty of care to the patient, breached that duty through negligence or omission, and caused harm as a direct result. A medical malpractice lawyer can help evaluate the specifics of your case and determine its validity.
What Evidence Is Needed To Support A Medical Malpractice Claim?
Evidence in a medical malpractice case can include medical records, expert testimony, witness statements, and documentation of damages (such as medical bills and lost wages). An experienced lawyer can help gather and present this evidence effectively.
How Long Do I Have To File A Medical Malpractice Claim?
The time limit to file a medical malpractice claim, known as the statute of limitations, varies by state. It generally ranges from one to three years from the date of the malpractice or from the discovery of the harm. Consulting a lawyer promptly can ensure that you meet these deadlines.
What Damages Can I Recover In A Medical Malpractice Case?
Damages in a medical malpractice case can include economic damages (medical expenses, lost wages, and future care costs) and non-economic damages (pain and suffering, emotional distress, and loss of enjoyment of life). In some cases, punitive damages may also be awarded to punish particularly egregious conduct.
How Does A Medical Malpractice Lawyer Help In Proving Negligence?
A medical malpractice lawyer works with medical experts to establish that the healthcare provider’s actions deviated from accepted medical standards. They gather and analyze medical records, interview witnesses, and use expert testimony to demonstrate how the negligence caused harm.
Will My Medical Malpractice Case Go To Trial?
Many medical malpractice cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, your case may go to trial. An experienced medical malpractice lawyer will prepare your case for trial while also exploring settlement options to achieve the best outcome for you.
Conclusion
Navigating a medical malpractice claim can be complex and challenging. Having a knowledgeable Silver Spring medical malpractice lawyer from Azari Law, LLC by your side can make a significant difference in the outcome of your case. By understanding the basics and knowing what to expect, you can take the necessary steps to seek justice and compensation for the harm you’ve suffered.
