Unfortunately, poor communication happens in the medical field and often leads to medical errors. Here is how this happens:

Physicians and patients

Some physicians engage in actions that contribute to poor communication. A doctor who does not actively listen to a patient and keeps interrupting them increases the chances that they do not receive crucial information. Such poor communication can result in misdiagnosis or the administration of medication a patient is allergic to.

A physician needs to encourage a patient-centered dialogue to get the necessary information. They should also pay attention to non-verbal cues.

Further, when a physician fails to properly communicate a patient’s condition, the proposed treatment and its risks and alternative options, they prevent the patient from giving true consent. For example, when they use complex medical terms without explaining them, or fail to give a patient enough time to ask questions due to limited time for consultation.

This can lead to a patient making critical decisions without fully understanding the potential implications. Lack of informed consent can sometimes be considered a medical error if it results in harm to the patient.

During handoffs

Poor communication is a major problem during handoffs, such as during shift changes or referrals. When a patient is transferred between healthcare professionals, adequate information should be provided. Otherwise, medical errors can occur. 

Poor communication can substantially harm a patient. If you sustained an injury due to a medical error, you should get more information about your case to determine the best way to protect your rights. 

If a hospital has been acquired by a private equity firm, however, the chances of some type of negative outcome – perhaps even death – may be higher than in others. These firms typically purchase businesses with the intention of selling them for a profit within a few years. They have invested approximately $1 trillion in health care companies.

Fatality rates in emergency departments

A recent study by researchers at Harvard found that death rates in the emergency departments (EDs) at these hospitals is 13% over comparable hospitals not owned by one of these firms. The study looked at a million ED visits at almost fifty private-equity-owned hospitals between 2009 and 2019.

This study follows on the heels of other studies that have found that the rates of preventable adverse events (including central line infections, falls and bedsores) rose on average by 25% when a private equity firm acquired a hospital.

Staff layoffs and other cost-cutting measures

As with the preventable adverse events, researchers who led the Harvard study of EDs connected the negative outcomes to a lack of staffing caused by layoffs and other staffing-related changes made to increase profits by these private equity firms. The Harvard study found that the number of full-time employees as well as expenses for emergency and intensive care dropped after a hospital was acquired by a private equity firm.

Even for people trying to find out who owns a particular hospital or other medical facility, it’s often not easy to identify those owned by these firms. The important things to remember is that all medical professionals owe their patients a duty of care. 

If you or a loved one has suffered harm or worse that could be the result of negligence or preventable error, it’s worthwhile to determine whether the doctors or others involved, as well as potentially the hospital, can be held liable for medical malpractice.

Never events highlight the importance of accountability and safety in medicine. They involve situations where standard procedures are ignored or mistakes occur during surgery, medication administration or patient monitoring.

Medical care can go wrong

Never events are classified by national safety organizations as serious, preventable and clearly identifiable medical errors. These incidents harm patients and damage trust in the healthcare system. Some of the most recognized never events include:

• Surgical mistakes: Operating on the wrong body part, performing the wrong procedure or leaving surgical tools inside the body after surgery.
• Medication errors: Giving the wrong drug or dosage that results in serious harm or death.
• Patient harm: Severe bedsores, falls in hospitals or mismatched blood transfusions.
• Care-related errors: Discharging a newborn to the wrong family or failing to help ensure patient safety during care transitions.

These events have devastating physical and emotional consequences. While healthcare providers are expected to follow strict safety protocols, human error or negligence can lead to these outcomes. When they occur, hospitals are required to report them and take corrective measures to help prevent a repeat.

If you or a loved one has experienced such an incident, it may signal a deeper issue regarding the standard of care provided. In such moments, it’s wise to speak with a trusted legal professional who understands medical negligence. They can help you explore your options and determine the best path forward. Having informed guidance can make a difference in seeking accountability and protecting your well-being.

There are imaging devices that can identify unusual tissue in the brain or lungs without surgical operations. Biopsies allow physicians to assess cancer tissue and possibly even sequence its genetics. Despite the ability to affirm the presence of cancer, many physicians fail to diagnose people who have cancer. Others misdiagnose cancer patients with a different condition. A doctor might diagnose a cough as a cold and send someone home with an expectorant or a cough suppressant.

A delay in cancer diagnosis could very well be medical malpractice. Particularly if the patient experiences negative consequences, their physician may have failed to meet professional standards. What are some of the most common consequences of failing to diagnose cancer?

1. Increased mortality risk

Often, diagnostic errors related to cancer only come to light after a post-mortem examination. Individuals die, and a forensic pathologist discovers that cancer was the reason. When patients don’t receive the right diagnosis or reasonable support from their physicians, they may stop seeking care, which can have tragic consequences.

2. Reduced treatment options

Many of the most effective cancer treatments specifically work on localized cancers. Once the cancer begins to metastasize or spread to other body parts, more aggressive, systemic treatments are typically necessary. Chemotherapy, radiation and other cancer treatments tend to be more debilitating and expensive. The need to undergo intensive treatment could also prevent the patient from continuing to work.

3. Increased long-term complications

Both the spread of the cancer and the treatment required to address it can lead to long-term medical challenges. Patients who survive late-stage cancer could have medical challenges ranging from increased risk of other forms of cancer because of the treatment plan to mental health challenges. Metastasized cancer can damage tissue and cause chronic pain. Radiation and chemotherapy can affect overall health negatively. When doctors fail to promptly diagnose cancer, their patients often pay the price.

A medical malpractice lawsuit can compensate people for the medical and professional consequences of a delayed cancer diagnosis. Surviving family members may even have grounds for a wrongful death lawsuit in some cases. Seeking justice can give people closure and may change the way that certain professionals or organizations care for patients.

Unfortunately, that does not always happen. You may get the feeling that your doctor is not listening to you but wonder if it is a problem. After all, doctors are busy, right?

Short answers or an inattentive attitude from your doctor could leave you feeling like you are the problem. But sometimes the doctor is the problem. It is important to recognize signs that your doctor is not listening to you.

Interrupting

Being interrupted irritates almost everyone. A doctor who constantly interrupts you when you are trying to tell them about your problem or symptoms usually does not get all the information they need to properly diagnose or treat you.

Doctor interruptions are a known problem. One study concluded that doctors interrupt patients after an average of just 18 seconds. While there are various reasons proposed to explain this finding, such as doctor burnout, interruptions by doctors prevent them from truly listening to their patients and getting to the root of the problem.

Doctors who enter the room with a checklist and ask close-ended questions, such as “yes or no” questions are likely going to have a hard time listening to you. Perhaps you are trying to explain your situation but your doctor keeps cutting you off to ask you a question from the checklist and mark a box. This can leave you feeling ignored and unimportant.

Acting distracted

While it is true that doctors, like many of us, have a busy schedule, they should not come across as rushed or distracted when meeting or talking with you. With today’s technology, doctors might have phones, tablets or other devices on them when meeting with patients.

These devices could be necessary to take notes or update your medical records as they speak with you, but this is the only reason they should be using these devices. Otherwise, their attention should be focused on you. A doctor who is using a device for something besides you, or using it to communicate with someone else, is likely not listening to you.

Sometimes doctors dismiss symptoms because they do not want to take extra time and effort to figure out what is wrong. Not all medical problems are quickly and easily diagnosed. Be wary of a doctor who appears to be listening to you but then tells you that there is nothing wrong or your symptoms are “all in your head.”

How to test your doctor’s listening skills

One of the best ways to determine if your doctor is listening to you is to ask them for a summary of what you have told them so far.

If you get the feeling they are not listening, stop talking and ask them if they have any ideas about potential diagnoses. If they cannot summarize what you told them and provide you with possible causes of your condition, there is a good chance they were not listening.

When doctors do not listen to patients, the chance of a medical error significantly increases. A doctor who exhibits these signs could put you at risk of being a victim of medical malpractice.

Virtual care still requires proper standards

Even though telemedicine feels different from in-person care, the legal standards remain the same. You still expect accurate diagnoses, proper treatment, and clear communication. If a doctor misses signs of a serious condition because they didn’t examine you in person, that could lead to a malpractice claim. Doctors need to follow the same level of care whether they’re in an exam room or on a video screen.

Licensing laws can affect liability

Telemedicine lets doctors treat patients across state lines. That sounds convenient, but it also means they must be licensed in the state where the patient lives. In Maryland, for example, a provider must follow the rules under the Maryland Health Care Malpractice Claims Act. If a doctor gives medical advice without holding a valid license in the state, that could become part of a malpractice claim. It’s important to know whether your provider is legally allowed to treat you.

Technology errors may play a role

Glitches, dropped calls, or unclear video can all affect care. If a doctor misses something important because of poor video quality or a bad connection, it doesn’t automatically excuse them from responsibility. Technical problems can complicate care, but providers are still expected to make safe and informed decisions. You trust that they’ll make the right call, even when using digital tools.

Know your rights when using telemedicine

Telemedicine may be convenient, but it doesn’t change your rights. You still deserve quality care, clear explanations, and informed choices. If something feels off or wrong during a virtual visit, it’s worth asking questions or getting a second opinion. Medical professionals are still accountable, whether they see you in person or on a screen.

If you are affected by this issue, you can file a medical malpractice claim and seek compensation. Let’s examine the key points to consider if you find yourself in this difficult situation.  

What patients need to know

Medical malpractice happens when a health care professional fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances. If you experience any of the issues below, it may be the time to file a claim.  

• Medication errors:  Receiving the wrong medication or dosage can have severe consequences, sometimes even leading to death. Health care providers must understand your medical history and potential drug interactions to prevent this problem. 
• Surgical errors:  Mistakes during surgery can cause significant harm to patients and lead to serious infections.  
• Birth injuries:  While childbirth should be a joyous occasion, errors during delivery can lead to serious injuries for both mother and child.   
• Misdiagnosis:  Doctors must provide accurate and timely diagnoses. Your condition could worsen if they ordered the wrong tests or misinterpreted the results.  
• Hospital-related infections:  Hospitals should maintain strict hygiene practices to prevent infections. Failure to do so can result in severe, sometimes fatal, diseases.  

Timing is crucial when filing a medical malpractice claim. In Maryland, you have three years from the date of discovering the injury to file a claim. It’s essential to act quickly to ensure you don’t miss this deadline.  

Getting the compensation you deserve  

Filing a medical malpractice claim is a complex process, but it’s an important step in seeking justice and compensation for the harm you’ve suffered. Remember, you don’t have to face this difficulty alone. An experienced and compassionate attorney can guide you through the process and help you understand your rights. 

To establish medical malpractice, you must prove that you were owed a professional duty by your doctor or healthcare provider and this duty was breached because the treatment you received fell below the accepted standard of care. You must also show that the breach was the cause of your injury.

Additionally, you must show that there is more than a 50% chance that medical malpractice caused your injury.

To increase your chance of receiving compensation, there are some common errors to avoid in your medical malpractice case.

Saying too much

You will likely communicate with insurance companies. Be careful about what you say to them, especially in written correspondence such as letters or emails. Your words could be misinterpreted and if you are angry or venting this will not help your case.

The same idea applies to social media. Do not post on social media about your case. Anything you say could be used against you. This applies to more than social media posts. Even comments made to others, such as saying you are “doing well” after the injury could be used against you.

Do not assume that setting your social media settings to private or securing your information means your posts are not discoverable. It is best to stay silent on social media while your case is pending.

Failing to document

One of the best steps to take is to document the event and the aftermath. Not documenting everything that happened is a mistake that can hurt your case.

Write down everything you can remember about the event, the injury and anything the doctor said and did during and after the vent. Document how you were treated and how you felt. Ask any family members or friends who were present to do the same.

Make copies of your medical records. Medical malpractice cases involve a lot of paperwork, much of which is medical records. Do not give away your only copies, especially to an insurance company. Provide information when requested, but always keep original copies for yourself.

Skipping appointments

Do not miss doctor’s appointments or fail to follow your doctor’s instructions. Medical malpractice defense attorneys will scrutinize every detail of your medical records, looking for anything that could undermine your claim.

Evidence that you missed appointments or did not follow through with treatment can be used to try to show that your own negligence caused or contributed to the injury. Additionally, if it is shown that you do not attend appointments, a judge or jury may have trouble awarding you compensation for future medical care.

Not getting a second opinion

Finally, follow your instincts if you feel what happened to you was medical malpractice. It can be hard to know if what happened was normal or malpractice if you do not have a medical background. This is understandable.

Sometimes doctors or medical providers rely on their patients’ lack of medical knowledge to absolve themselves of responsibility or shift the blame when they are accused of medical malpractice. If you feel something is not right, seek a second opinion.

This is particularly true when they need to be hospitalized. Still, given the number of stories in which a person is injured, becomes sick or loses their life because of a medical error, people are justifiably concerned.

The reason for that concern is apparent in a recent study. As researchers strive to identify why mistakes are made and prevent them, they are finding a worrying number of preventable mistakes.

Patients and their loved ones need to be aware of how often this happens and make sure there is a full investigation if there are unexpected complications that do not have an immediate explanation. Given the potential consequences of these errors, it is essential that people know their rights.

Study: Diagnostic mistakes are common

Researchers believe that out of every 14 hospital patients, one could be confronted with a diagnostic error that harms them. Using a major hospital in Boston for its analysis, the researchers looked at time-frames over slightly more than two years between 2019 and 2021.

They looked at nearly 700 random patients. The study suggests that 85% of the errors could have been prevented. The authors say it emphasizes how important it is for there to be greater oversight to stop these mistakes from happening.

Among the most common errors were patients getting pneumonia, suffering from kidney failure, heart failure, getting sepsis and showing low blood oxygen levels. Many of these issues stem from lack of monitoring, medication errors and a lack of proper hygiene. The outcomes ranged from minor to people losing their lives.

Not all outcomes – minor or major – were due to the diagnostic error. Of those, 154 patients were involved in 160 cases. The researchers found that 34 lost their lives within three months; 54 needed to go to intensive care; and 52 had complex medical problems. Eighty-four were categorized as “harmful” errors with 37 needing to go to intensive care and 18 dying.

Medical errors can cause extensive and permanent damage

People who have been harmed by a medical error whether it is a misdiagnosis, surgical error, medication error, birth injury or any other issue need to think about the ramifications. They can face lifelong pain and a radically changed future. Families can be left without a loved one if the mistake results in an untimely death.

A problem that frequently arises with a medical malpractice claim is that the case is not properly scrutinized and evidence is missed. People who think they or a loved one was harmed by a medical error must be cognizant of how to move forward. Having professional help can be one of the key factors in determining what happened and taking the proper steps to hold doctors, medical professionals and hospitals accountable.

These alarming trends could have far-reaching effects on patient care and the healthcare system as a whole. Here’s what you need to know:

What is nurse burnout?

Burnout – a state of physical, emotional and mental exhaustion – can occur when a person spends a long period in a high-stress environment. While this is part of the healthcare industry, many factors have worsened the situation for nurses during and after the COVID-19 pandemic. This includes:

• Long working hours
• High patient-to-nurse ratios
• Emotional stress from dealing with critically ill patients
• Lack of management support

These challenging conditions can lead to serious medical errors. For example, a fatigued nurse might misread a prescription or provide the wrong dosage. Overworked nurses may not be able to check on patients as often, missing critical changes in their condition. These mistakes can harm patients and result in medical malpractice claims.

What do you do if you think you’ve faced malpractice?

Healthcare providers have a duty of care to their patients. Failure to meet this standard, even if it’s because of burnout, can lead to legal claims. If you suspect you’ve been a victim of medical malpractice due to nurse burnout, consider these steps:

• Document everything, including dates, times and names of healthcare providers involved.
• Report your concerns to hospital administration or patient advocacy offices.
• Get a second opinion if unsure about your diagnosis or treatment.
• Consult a medical malpractice attorney to understand your rights and see if you have a valid claim.

Note that the time limit for medical malpractice claims in Maryland is generally three years from the injury’s discovery date or five years from when the injury happened, whichever is earlier.

Advocating for your health

While it’s important to recognize the immense pressure nurses face, patients must be proactive about their own health and safety. If you’ve experienced injury or misdiagnosis that you believe may be due to medical malpractice, seeking legal counsel is essential.

Immediate medical attention

Seek immediate medical care from an independent healthcare provider to address the original issue and any resulting complications, if your medical issues are urgent. Never wait for emergency medical needs.

Minor malpractice

If the medical issues you experience are minor, you may find it helpful to work with the original doctor to fix the immediate issues. Often, to avoid subsequent litigation, medical providers will offer free or greatly reduced medical services to fix mistakes. And, for medical providers that are part of a hospital or group, you may be able to get the services of a different provider. However, for sole providers or small providers, this may not be an option.

Know your rights

Under Maryland, Virginia and District of Columbia law, patients have the right to competent medical care. Legal action may be an option if standards are not met, but for our purposes here, let us focus on the medical aspects of post-malpractice care.

Addressing medical injuries

Correcting malpractice-induced injuries often requires specialized care. Consult with professionals experienced in treating such cases. This will require the help of a second physician or medical team. Recovery may involve therapy, rehabilitation or further surgeries. Work with a team familiar with your situation’s complexities.

Legal considerations

Be mindful of Maryland’s, Virginia’s, and the District of Columbia’s statutes of limitations for malpractice claims. While seeking treatment, keep this timeframe in mind if considering legal action.

Seeking emotional support

Dealing with malpractice in the aftermath can be emotionally taxing. Seek support from groups or counseling services to navigate this challenging time. Recovering from medical malpractice involves immediate care, long-term recovery plans and understanding available resources.

Malpractice defined

The general idea of medical malpractice outlined above is correct, but duty also plays a large role in medical malpractice cases.

Every healthcare professional has a duty to their patients – a duty to correctly diagnose medical problems, to recommend proper treatments and to correctly perform any treatments, for example. It goes beyond the medical ethos of “do no harm” and includes the duty to do what is correct and necessary for the treatment of a patient’s medical condition.

The actual malpractice” that occurs is the breach of that duty. Surgical mistakes, prescription medication errors and even a delayed or incorrect diagnosis are all examples of forms of malpractice that breach the provider-patient duty.

So, yes, when a doctor, nurse or other healthcare professional in Maryland commits some kind of mistake or doesn’t do something they should do, those errors can lead to medical malpractice lawsuits. But, as these types of cases progress, don’t be surprised if the focus of the legal proceedings largely falls on the standard of care that was applicable in the exact situation and how, exactly, the duty owed from the healthcare professional to the patient was breached.

As with almost any legal proceeding, medical malpractice cases can take time to reach a resolution or get to a trial. The exact length of time a medical malpractice case takes depends on your specific situation. It can take from a few months to several years.

Statute of limitations

First, a medical malpractice claim must be filed within the statute of limitations. This means it must be filed within a certain period after the malpractice occurs.

The statute of limitations in Maryland states that a medical malpractice claim must be filed within five years of the event that caused the injury or within three years after you discover the harm.

However, there are some exceptions to these rules, such as if you cannot file the claim because of your injury.

Medical malpractice lawsuits are based on the legal theory of negligence. Before you file your medical malpractice claim, you should consult with a medical expert who practices in the same or similar field as the doctor you believe committed medical malpractice against you.

Notice of intent

After that, you must typically send a notice to the negligent physician or medical provider. The notice states that you intend to file a lawsuit and contains certain information, such as the basis for the lawsuit and the injuries that you suffered.

This notice must usually be sent a certain number of days or weeks before filing the medical malpractice lawsuit. The purpose is to put the doctor on notice that you believe they committed malpractice and give them time to prepare or attempt to settle the matter.

Discovery

Once the deadline for the intent to file notice has passed, you may file your lawsuit. The next step is the discovery process. This is where you and the other side exchange information and documents with each other.

The discovery process also often includes depositions, where both sides interview witnesses under oath. The discovery process is one of the most important pieces of the case. It usually provides each side a chance to examine the evidence received to assess the strength of their case.

Settlement negotiations

When the discovery process is complete, settlement negotiations begin. This involves discussions between both sides to see if an agreement can be reached.

The length of time for settlement negotiations depends on the law involved, the complexity of the case and various other factors. Although many cases do settle rather than go to trial, it is important to remember that the doctor, medical facility and their insurance provider’s goal is usually to pay out as little as possible.

Your case goes to trial if you cannot reach an agreement during settlement negotiations. You might be required to go to arbitration or mediation before or as an alternative to trial.

The wait can be worth it

The time it takes to resolve a case does not necessarily depend on the strength of the case. You might have a strong case that still takes years to resolve, or a case that resolves quickly with an unfavorable result toward you.

You may feel discouraged knowing that you might have to wait longer than you would like to get compensation for your injury. However, filing a medical malpractice lawsuit is often the best and only way to hold those at fault for your injuries accountable and help you receive compensation for your damages.

Some states and other authorities have tried to keep a lid on these costs through imposing caps on medical malpractice payouts, but it’s unclear if these caps are actually helping to contain costs, or if they’re merely protecting insurance companies and health care providers at the expense of injured patients.

In this blog post, we will take a look at medical malpractice caps in the Washington, D.C., metropolitan area.

What is the purpose of a medical malpractice cap?

The health care industry has long claimed that large payouts for medical malpractice claims drive up costs. In order to better manage the risk of large payouts, medical malpractice insurance companies raise their premiums for doctors and medical groups, who pass on these increases to their patients and their insurers. One solution, they say, is to place a cap on the amount of money that can be awarded in a medical malpractice lawsuit.

Many states have imposed such caps, and there is some research that suggests they do keep medical malpractice insurance premiums down. However, the research is less clear about whether these caps benefit patients as a whole.

Certainly, the seem deeply unfair for patients who have experienced life-long, expensive injuries because medical malpractice.

Indeed, some states that imposed caps later threw them out, finding that they violated their state constitutions.

The Washington metropolitan area

The District of Columbia has no cap on medical malpractice damages. Virginia and Maryland have caps that are set to rise over time.

In Virginia, the cap goes up by a predetermined amount every year. The cap is currently $2.6 million. The current law will max out at $2.95 million in 2031.

Similarly, Maryland has a cap that rises every year by $15,000, but this applies only to non-economic damages, such as pain and suffering. It’s currently at $875,000. This cap does not affect economic damages, such as medical bills and lost earnings capacity. Note that damages can be higher in some wrongful death cases.

Note also that military personnel may be covered by different laws in medical malpractice cases involving Department of Defense medical care. The Pentagon recently announced that it was raising its cap to $750,000.

Learn more

The damages stemming from a medical malpractice injury can be enormous, encompassing economic and non-economic damages dating back to the injury and, in cases of permanent injury, forward for the rest of their expected lifespans. Experienced professionals can help the injured and their families learn strategies for maximizing recovery.

While you might be able to recover some of these damages by pursuing a medical malpractice lawsuit, it helps to have an understanding of how these egregious errors occur in the first place. By gaining this understanding, you can better make sense of your circumstances and develop a clearer path toward the recovery that you want.

The top causes of medical malpractice

There can be a lot of contributing factors to medical malpractice. However, here are some of the most common that you’ll want to be on the lookout for as you navigate your case:

1. Misdiagnosis or missed diagnosis: Medical professional should give you the time and attention necessary to accurately diagnose your condition. Proper tests should be ordered, and the results must be appropriately interpreted. If they’re not, then your medical condition could worsen, leaving you in a dire predicament. Your condition may even worsen to the point that it becomes untreatable.
2. Hospital-related infections: Infection is a risk when you undergo a medical procedure, but strict controls should be implemented by your providers to reduce your risk of severe infection. Yet, all too often patients die when hospital-related infections go unchecked. To prevent such as outcome, medical professionals should exercise proper hygiene practices, including washing their hands, wearing gloves, and using clean medical equipment.
3. Poor communication: Effective communication is key in a hospital setting where you may have multiple individuals caring for you. Any lapse here could put you in danger, as you may be subjected to issues like being double dosed with medication or not receiving testing and care that could positively impact your condition.
4. Medication errors: Medication errors are excessively common in the healthcare setting. A doctor may give you medication without fully understanding your medical history and any potential adverse reactions you might have to a medication, or a doctor or nurse might give you the wrong dosage of a potent medication. These mistakes can have tragic consequences, sometimes even resulting in death.
5. Surgical errors: Although surgeons are highly skilled, they’re susceptible to mistakes, too. They might operate on the wrong part of your body, leave sponges inside of you, or accidentally nick an organ, any of which can cause significant harm and potentially lead to life-threatening infection.
6. Birth injuries: The birth of a child should be exciting, but all joy can be quickly dashed when a child is injured during the birthing process. While some of these injuries are truly accidents that aren’t preventable, others are attributable to doctor error. The child may be unnecessarily deprived of oxygen, causing brain damage, or improper techniques might be used to remove the baby, thereby resulting in broken bones.

Are you ready to build your medical malpractice case?

As you can see, there are a lot of ways that medical malpractice can occur. If you or a loved one has been subjected to any of these issues, then now is the time to start thinking about taking legal action. Doing so is probably the only way that you’re going to find accountability for the wrong that was done to you and recover the compensation necessary to spur your recovery forward.

We understand that navigating the legal process can be scary. But this isn’t something that you have to face alone. By finding support, you can gain the confidence and comfort that you need to properly build your case and fight for the outcome you deserve.

With the advancement in technology and medical training, there might be a belief that missteps are growing less frequent. Researchers say that is not the case. A recent study details the danger and people need to be aware of it if they think they or a loved one were harmed.

A significant number of people die or are disabled from diagnostic errors

The report from Johns Hopkins says that diagnostic mistakes lead to 424,000 people in the U.S. being disabled and 371,000 losing their lives annually. Often, common ailments for which people seek emergency treatment are most frequently misdiagnosed.

For example, with strokes, some symptoms are obvious such as slurred words and paralysis on one side of the body. Lesser known symptoms can result in physicians mistaking the symptoms for another ailment. If the person expresses that they are dizzy, this could be misinterpreted for something less serious and the underlying cause will not be addressed.

Other medical issues that are commonly misdiagnosed are lung cancer, blood clots, sepsis and pneumonia. All can result in serious health problems and even fatalities if they are not caught and treated in time. The leader of the research team that conducted the study said that most of the misdiagnoses happened during bedside assessment.

After a medical error, it is important to know the available options

People place their trust in physicians and other medical professionals to give them the help they need. When there are mistakes at any point during treatment, people can be severely harmed and even lose their lives.

It can be confusing for people and family members when their condition worsened after they sought medical care. It is imperative to look at the situation and determine if a medical error led to the poor outcome. Medical malpractice can be complex and people who believe they have been impacted by it need to understand what steps can be taken to hold physicians accountable.

Those in Washington and the surrounding communities in Maryland and Northern Virginia sacrifice a lot to get quality medical care for themselves and their loved ones.

They have every right to expect that their professionals will diagnose and treat them properly, according to the standard of care. If they do not, the professionals may owe compensation to their victims.

Still, it may be good for patients who think they have been victims of medical malpractice or who are thinking about undergoing treatment to understand some important statistics about malpractice.

Misdiagnosis is a major contributor to medical malpractice claims

One takeaway from these statistics is that misdiagnosis remains a very common problem in the medical profession.

Not surprisingly, those specialties which are frequently diagnosed, like family medicine, pathology and internal medicine, had higher rates of diagnostic errors, at least when judging by the number of medical malpractice claims that led to payment.

Also, family doctors and internists also had higher incidents of malpractice claims, which led to the death of a patient. It is possible that this shows how diagnostic errors can have very serious consequences.

The medical profession needs to continue to work on making sure that they diagnose conditions correctly and in a timely fashion. This is not just a matter of improving education and honing skills.

Many times, doctors misdiagnosed patients because they were not aware of a key piece of information from prior treatment or from a patient’s medical history. In other words, a misdiagnosis too often begins with a lack of communication.

For the sake of some context, the specialty with the highest number of paid malpractice claims, obstetrics and gynecology, had a much higher rate of surgical errors. Many of these errors left the patient with what the study called a major physical injury.

Again, not surprisingly, other surgical specialties also had higher incidents of surgical errors.

In any event, patients should not hesitate to second guess their diagnosis if they are uneasy about it. However, the doctor ultimately bears responsibility for diagnosing a condition correctly.

However, it is natural to have concerns that they get the care they need and are treated properly, especially when you hear stories about nursing home abuse and neglect.

Many times, Virginia nursing home residents are afraid to speak up about abuse or neglect because they fear even worse retaliation from their abusers. Therefore, it is important to be aware of some common signs of nursing home abuse.

Physical and emotional signs

Injuries such as bruises, scratches, dislocated body parts or even broken bones with no reasonable explanation for what caused them is a main sign of physical abuse. Physical symptoms or medical issues caused by not taking medications could also be a sign that they are not receiving proper treatment.

Pay attention to the behavior of both your loved one and their caregiver. Notice how your loved one acts when the caregiver is around. Do they become anxious or timid? These might be signs of abuse.

Some nursing home residents display more overt signs of abuse, such as repetitive behaviors like rocking back and forth. Do not automatically associate forgetfulness or confusion with dementia. These could be caused by stress from the abusive situation.

Additionally, does the caregiver act nervous when you are around? Do they seem hesitant to leave you alone with your loved one? This could mean they are nervous that you will find out what has been going on.

Signs of neglect

Examine your loved ones physical environment and living conditions. Everything should be clean and electricity, water and heat should be functioning. Other common signs of neglect include lack of hygiene, bed sores and weight loss.

Learning that someone you love is experiencing abuse or neglect and helpless to do anything about it can be agonizing and you might not know what to do. Talking with a personal injury attorney about the situation is a good first step.

You may know that you have the option of filing a medical malpractice lawsuit but have many questions about the process.

While the exact requirements might be slightly different depending on if you are in Maryland, Virginia or Washington, D.C., medical malpractice cases everywhere usually follow the same general process.

Discovery

After you file a medical malpractice lawsuit, the discovery process begins. This involves you and the other side requesting information and documents from each other.

Discovery can also include depositions, which is where you and the other side agree to answer questions from each other about the situation while under oath.

One of the main purposes of discovery is to learn what information the other side has, to see the strengths and weaknesses of their case.

Settle or trial

Your case will then either settle, which means you and the other side come to an agreement about how to resolve the case. Ideally, this involves a payment to you for your damages.

If you cannot agree, your case will go to trial, where a judge will determine if you should be awarded any damages, and how much. The party who loses at trial can appeal if they want.

Proving malpractice

To prevail in your medical malpractice lawsuit and recover compensation, you will need to prove that your doctor or health care provider owed you a duty to perform their work according to a certain standard of care and they breached that duty.

You then need to prove that the breach is what caused your injury, and that you suffered damages. Your damages can be physical, financial, emotional or a combination of all 3.

While you may now have an idea of how the medical malpractice lawsuit process works, proving the malpractice usually requires the knowledge and experience of a medical malpractice attorney.

Medical malpractice claim requirements

If you are planning to sue the doctor who treated you for damages, you will need to follow all state regulations. Each state has its own medical malpractice requirements, but here are some of the most common ones.

Statute of limitations

Each state has its own statute of limitations which basically limits how long you have to file your medical malpractice claim. For example, under Maryland medical malpractice law, to make a medical malpractice claim you must file within three years from the date you discovered or reasonably could have discovered your injury, or five years from the date the injury occurred, whichever comes first.

Procedural requirements

There are also certain procedural requirements you must follow before filing your claim. In Maryland, if your claim involves more than $30,000 in damages, you must first your claim with the Health Care Alternative Dispute Resolution Office (HCADRO). Your claim will then go to arbitration unless the process is waived.

Certificate of merit

Many states also require you take additional steps before you go forward with your suit. For instance, many states require you to file a certificate of merit to essentially prove that your claim is legitimate. In Maryland, this certificate is called a Certificate of Qualified Expert (CQE), a statement sworn to and signed by a medical expert who has reviewed your case. The statement essentially states that the doctor failed to follow the proper standard of care and that their failure caused you harm. You will have 90 days from filing your medical malpractice claim to file a CQE.

There are many things involved with filing a medical malpractice claim. An attorney specializing in this area of law can help determine if you have a valid claim and help make sure you do not overlook any state requirements.