Did you experience an emergency room malpractice in the DMV area? Contact Malloy Law Offices, LLC today!
Every year there are over 140 million visits to the emergency room to the United States. However, medical negligence can happen, even in the emergency room because of misdiagnosis, improper communication with staff, along with other forms of neglect. With doctors and nurses rushing from patient to patient, it’s easy for them to lose important documents and information. The most frequently reported emergency room error are medication errors. Medication errors are mistakes such as incorrect doses, incorrect prescriptions, or complications with the current prescriptions.
In order to receive any compensation from a medical malpractice claim, the patient must prove that the medical providers were negligent. Additionally, there are four essential elements to medical malpractice claims: (1) Duty. Doctors owe a duty of care to their patients. There also has to be a some sort of relationship between the doctor and the patient Where this doctor-patient relationship is non-existent, one cannot make a case. (2) Breach. This means that the medical professional diverges from established standards of treatment. In addition, the doctor must make a serious unjustifiable error. (3) Causation. The patient must establish a causal link between the doctor’s conduct and the patient’s resulting injury. Lastly, (4) Harm. patient in a medical malpractice case must prove that her injury resulted in economic or physical harm.
There are two types of damages the the patient can request from their medical malpractice injury.
Every state has their own rule of statute of limitations. In Washington D.C., the statute of limitation for filing a medical malpractice is 3 years. Washington D.C. also follows a strict discovery rule for calculating the date that the 3 year limitation period actually begins to run. The 3-year limit starts on the date when the plaintiff discovers or reasonably should have discovered that they were a victim of a medical malpractice. Additionally, Maryland’s statute of limitations is 3 years and Virginia is 2 years.
Here at Malloy Law Offices, LLC, we see these cases on a daily basis. If you would like to see how we go forward with these scenarios, click here to learn more. When you can’t trust a careless doctor, have confidence. We will get you the proper care. Contact our attorneys today at (888) 607-8690 for a free consultation!