Medical Malpractice Lawyer Arlington, VA
If you have been the victim of medical malpractice, you know you need the help of a medical malpractice lawyer Arlington, VA can rely on from The Law Offices of Ryan Quinn, PLLC. We have worked with many clients who were the unfortunate victims of doctors or other medical professionals who behaved negligently. This can cause someone to suffer from severe and permanent injuries, and it could even lead to death. When you want to create a claim for medical malpractice, you should understand what evidence you will need for your claim and what kind of damages you may be entitled to recover. Call our office if you would like a consultation with a member of our team now.
What does it mean to be the victim of medical malpractice?
If you believe you have suffered from injuries due to medical malpractice, it means that a medical professional acted negligently while you were in their care. This could be either because they did an action or did not do an action that other medical professionals would have done in the same position. Their efforts fell below what we call “the standard of care.”
Common Examples of Medical Malpractice
Our Arlington, Virginia medical malpractice lawyer has seen people who were the victims of medical malpractice in many different ways. Some of the most common types of medical malpractice are:
- Birth injuries or injuries during delivery
- A physician not treating a condition or illness
- Prescribing the wrong dose of medication or the wrong kind of medication
- Not providing sufficient medical testing for an illness
- Misdiagnosing an illness
- Leaving tools or items inside a person after surgery
- Performing surgery on the wrong part of a person’s body
These are just some examples of the types of medical malpractice that can occur.
Showing a Duty of Care
When it comes to your medical malpractice claim, you will want to show a duty of care owed to you. To establish this, you will need to show that you were in the care of a medical professional or facility. You will then need to show that they somehow breached this duty of care and that the care you received was substandard. Because of this breach of duty, you were subsequently injured and have suffered some loss.
If you would like to learn more about filing a medical malpractice claim, call our medical malpractice lawyer Arlington, Virginia residents rely on.
Types of Medical Malpractice
Medical malpractice is a very broad term and encompasses practically all types of negligent errors that could be made by a medical professional or facility. The law extends beyond healthcare workers’ negligent actions and into medicine, medical equipment, and more. Every medical professional, including physicians, surgeons, obstetricians, nurses, anesthesiologists, technicians, dentists, pharmacists, and so forth, must adhere to the medical standards of care. This obligation is meant to prevent harm to any patients.
As a medical malpractice lawyer in Arlington, VA, might tell you, not all medical errors, complications, or adverse reactions result from malpractice. There is always a risk of something going wrong with any procedure. If you don’t know whether or not you were a victim of malpractice but suspect it is possible, you should call a lawyer right away. Our firm has the experience, knowledge, and resources to review your case and determine if malpractice is a factor. Give us a call today.
Types of Medical Malpractice
As discussed, there are many types of medical malpractice. Some of the most common cases we handle as leading Arlington, VA medical malpractice lawyers include:
Failure to Diagnose / Misdiagnosis – Thousands of people are misdiagnosed every single year. When a misdiagnosis or failure to diagnose happens, a patient might lose the ability to be treated for a medical condition or receive specific treatment methods. Ignoring patient complaints, misinterpreting results, or failure to test could be a costly mistake. Commonly misdiagnosed medical conditions include lung cancer, breast cancer, prostate cancer, stroke, and heart attacks.
Birth Injuries – These injuries can result from oxygen deprivation, breech position, prolonged labor, failure to perform a c-section, improper use of forceps, and so forth. Many birth injuries can be treated and will heal with time. Serious ones can cause long term or permanent injuries such as Erb’s Palsy, Cerebral Palsy, and cognitive impairment.
Surgical Mistakes – Puncturing an organ, using unsanitary tools, medication errors, or operating on the wrong site are examples of a surgical mistake. These can happen when a patient has been improperly cleared for surgery, medical instructions have not been reviewed, or a medical chart has been misread. A surgical mistake can lead to loss of function, impairment, disfigurement, or death in severe cases.
Medication Error – Prescription errors are all too common. They can be related to a medication mix-up, prescribing the wrong drug or dosage, failure to consider a patient’s medical history, disregarding allergies, and more. Medication errors can happen in hospitals, doctor’s offices, pharmacies, and nursing homes. They are easily traceable but should be overseen by a medical malpractice lawyer in Arlington, VA.
If you or a loved one believes you have been injured by medical malpractice, we encourage you to call our firm. We will be happy to review your case, answer your questions, and help you to understand what legal options are available. If you are ready to find out what next steps you should take, call a medical malpractice lawyer in Arlington, VA.
Steps to Take if You Suspect Medical Malpractice
As any medical malpractice lawyer Arlington, VA depends on will tell you, cases involving medical malpractice are often complicated and contentious. Often medical mistakes result in high damages, in turn yielding large payouts to victims. As a result, it should come as no surprise that such cases can be highly litigious. Taking the proper steps in the wake of an injury will be critical. Medical malpractice can be life-altering for victims and their families, and swift, proper action should be taken. At The Law Offices of Ryan Quinn, PLLC, our lawyer has extensive experience in representing clients in complex legal matters. If you suspect medical malpractice, taking the following steps will be critical to reaching a successful resolution to your case.
Step #1: Seek a Second Opinion
There are various ways for malpractice to occur; while some situations may be subtle, others may result in blatantly apparent injuries. If you suspect that something isn’t right or you are not receiving the treatment you are entitled to, it’s critical to seek a second opinion from a medical professional as soon as possible. This not only prevents further damage from occurring, but your new medical provider can also ensure that you receive the proper treatment and any problems are immediately repaired or corrected. Additionally, seeking a second opinion and subsequent treatment is not only critical for your health, but it can also produce essential documentation in support of your case.
Step #2: Contact a Medical Malpractice Lawyer
If you suspect that you have not received treatment that upholds the medical standard of care, our medical malpractice lawyer representing Arlington, VA, can help take action. They can assist with taking the proper steps needed towards pursuing a claim for medical malpractice.
Step #3: Gain Access to Medical Records
Medical records are essential for several reasons. They can serve as a piece of evidence in support of your medical malpractice case. This can help to gain an understanding of what went wrong while you were undergoing treatment. Typically gaining access to records is obtained by submitting a written request with either the hospital or doctor that you received treatment from. Naturally, your lawyer can help guide you through the process of gaining the medical records needed for your case.
Step #4: Consider a Medical Expert
Proving your case and deciphering medical records can be a complicated process. Medical terminology can be challenging to understand. Typically, a lawyer will reach out to a medical expert for help. They can play an essential role in malpractice cases. They will review all evidence and help make sense of the treatment that was received and whether the doctor upheld the medical standard of care. Medical records and treatment can be difficult for the average person to understand, so an expert plays an important role. The medical expert can also provide critical testimony to the court to help parties understand what went wrong so that all can understand.
Before You File: Understanding Negligence
When you file a personal injury lawsuit, you are claiming that another person is responsible for your injuries. Commonly, if someone is liable for your injuries, he or she had to act negligently. Negligence is required for most personal injury cases. In general, it means that the person acted recklessly and the actions resulted in your injuries.
What Are the Elements of Negligence?
If you want to prove negligence, there are a few different elements that you need to prove. The first element that you have to prove is that the other party owed you a legal duty. The next element is breach. You have to prove that the person breached his or her legal duty through action or inaction.
Causation is the next element. The actions have to cause your injury. If you suffered injuries during the impact, then the driver caused your injuries.
The last element is damages. There is no personal injury case without damages.
What Is Breach of Duty?
The breach of duty is important in a negligence case. If a person does not have any reason to believe that someone could be hurt from his or her actions, then there is no breach of duty. However, if you were to cut through someone’s property on a walk and injure yourself on a hazard that the owner was unaware of, he or she had no reason to believe that you would be harmed on the property.
Determining the Amount of Your Settlement
Figuring out how much you stand to gain when launching a personal injury lawsuit can be tricky. Many factors go into determining the amount you qualify to win. The following information can help with calculating the worth of your situation.
Settlement Amount Basics
Settlements happen when a defendant agrees to pay a plaintiff for dropping a case. This is different from a trial, wherein a jury determines the financial outcome. Legal adversaries come up with their own conclusions for how much a plaintiff should be paid. Both insurance adjusters and attorneys use past cases with similar qualities as guidelines for deciding upon amounts. These figures are then adjusted according to the situation’s particulars.
Numerous components alter how much someone claiming an injury may win from a settlement. For instance, if the defendant lacks personal assets or insurance, a plaintiff will simply be unable to receive a high figure. In cases that go to trial, however, a losing defendant’s wages can be garnished in order to satisfy the ruling.
The amount a suing party stands to gain equals the value of all losses incurred as a result of the defendant’s actions. This may include the cost of medical treatments, lost income or any other relevant expense. In cases where a defendant is proven guilty of exceptional irresponsibility, punitive damages might also be included.
Certain aspects of personal injury lawsuits, such as the value of a tangible object like a vehicle or building that has been destroyed, might be easy to assess. Other variables, such as the ultimate cost of future medical treatments, are likely to be contested. The better your ability to prove losses, the greater your chance of receiving a satisfactory conclusion. A personal injury attorney can help enormously with the task of collecting demonstrable evidence.
Settlement Amount Negotiations
The process begins with demand letters and compensatory offers being traded. During this stage, the amount by which a suing party could be awarded is likely to change. After a dollar figure has been agreed upon, paperwork indicating the agreement’s specifics is signed. In exchange for payment, the plaintiff sacrifices all rights to pursue further compensation.
Demanding payment for personal injuries does not need to end in a courtroom confrontation. The mere threat of legislation may be enough to grant you relief. This path, however, still requires the services of a qualified legal professional. Call one immediately if you deserve amends for any form of wrongdoing.
If you suspect injuries have been harmed due to medical negligence, The Law Offices of Ryan Quinn, PLLC, is prepared to stand by your side and assist with every step of the process. Malpractice cases are complicated and time-consuming, which is why retaining a lawyer will be a critical component to achieving the best outcome possible. With considerable experience in representing cases and successfully recovering millions of dollars in damages for clients, you can rest assured in knowing that you have secured a lawyer who can provide the positive case outcomes you deserve. If you have questions about getting started, call our Arlington, Virginia medical malpractice lawyer as soon as possible.