Factors that constitute medical malpractice in Washington, D.C. include existence of a doctor-patient relationship, failure to maintain reasonable standard of care and resulting harm or injury. When seeking a medical malpractice attorney, experience and competency should be at the top of your priority list. During your consultation, your malpractice attorney should be able to answer your questions.
What constitutes a medical malpractice claim?
A medical malpractice claim arises when a professional health care provider, such as a doctor, nurse or dentist is negligent in providing treatment. To prove a medical malpractice claim, one thing you need to show is that your treating health care provider departed from a standard of care used by those with similar training and experience, in the same or similar circumstances.
What if you aren’t satisfied with results?
In general, medical professionals cannot offer any guarantees of medical results, as unexpected circumstances may arise. If unexpected or unsuccessful results occur, it doesn’t necessarily mean there was medical negligence. In order for you to succeed in your claim, you must show that your injuries or damages resulted from your health care provider’s deviation of the standard of care.
What steps should you take?
If you suspect medical negligence, you should consult with an experienced personal injury lawyer as soon as possible. At your initial meeting, you must tell your attorney exactly what happened, from your first visit with your doctor to the treatment process. If possible, you should try to obtain your medical records ahead of time and take it to the meeting. Certain time limits dictate when you must file a medical negligence claim, so meeting with a lawyer promptly is crucial.
What is informed consent?
The definition of informed consent may vary from state to state, but it essentially requires a medical provider to tell you of the potential benefits, risks and treatment alternatives. After your physician informs you of potential benefits, risks and alternatives of your medical procedure, he or she must obtain your written consent to proceed. Additionally, if your doctor prescribed drugs as part of an experimental program, then he or she has a duty to tell you that you could refuse to participate.
