Professional
Malpractice
When we
entrust matters requiring special skill to trained
professionals, be they doctors, accountants, lawyers or others,
we rely upon them to act within the standard of care applicable
to that profession. When they are negligent, the consequences
can be devastating. Health care providers, in particular,
literally hold our lives in their hands.
The
evaluation of claims against professionals also requires special
skill. Over the years, hundreds of clients have turned to us to
determine whether they are the victims of negligence or merely
bad luck. In many cases, after careful investigation, we have
represented clients with claims against professionals. Examples
of such cases include:
- a baby
boy who suffered a crippling arm injury at birth because an
obstetrician employed the wrong technique in delivering him;
- a
retired government worker who died of AIDS that he contracted
from a blood transfusion that he never should have needed;
- a
government employee who faces the likelihood of an early death
from skin cancer because his dermatologist mistook his cancerous
lesion for a benign mole;
- a
military wife who had to have both of her big toes amputated
because her doctor failed to properly treat her infected ingrown
toenails;
- a
divorced man who lost thousands of dollars because his divorce
lawyer failed to include an important provision in his marital
property settlement agreement;
- a local
developer who incurred substantial delay and unnecessary costs
in the development of a residential subdivision because of
negligence on the part of a firm of engineers, planners and
surveyors.
The key to
the proper handling of these cases is early evaluation by highly
qualified experts in the field involved. Over the years we have
worked closely with experts in many different disciplines to
whom we can turn to evaluate your case.
Medical
malpractice cases, in particular, present special problems.
While courts require that allegations of medical negligence be
supported by the testimony of qualified physicians, health care
professionals typically are extremely reluctant to testify
against fellow professionals. We have overcome this difficulty
by identifying medical specialists from other parts of the
country who are willing to testify as well as local physicians
for whom the maintenance of high professional standards of
competence is more important than the "conspiracy of silence."
Malpractice cases also are procedurally complex. They may be
subject to a number of rules that differ, depending upon whether
your claim is brought in Maryland, Virginia or the District of
Columbia. In Maryland, for example, virtually all health care
malpractice claims must be filed with the Health Claims
Alternative Dispute Resolution before a lawsuit can be filed. In
Virginia, the time within which a professional malpractice claim
must be filed generally is shorter than in Maryland or the
District. In Maryland and Virginia, the maximum amount that you
can recover is limited by statute, but not in the District. Our
thorough familiarity with all of the applicable rules,
evidentiary requirements and causation standards has enabled our
firm to prevail on our clients’ behalf.
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