If you believe your attorney has committed legal malpractice, you may be entitled to recover compensation. To successfully establish a claim, you must prove the following elements. Washington Malpractice Legal Help cases involve demonstrating not only that the healthcare professional failed to adhere to their duty of care, but that this failure was the proximate cause of your injuries. This requires expert testimony.

Statute of Limitations

The law sets limits for when you can file a civil complaint or formal criminal charges. These time periods are called statutes of limitations. They help ensure that evidence stays fresh and that defendants don’t face lawsuits indefinitely.

In Washington, the standard malpractice statute of limitations is three years from the date of the negligent act. However, the clock may be paused for some circumstances.

For example, the discovery rule allows you to bring a claim for medical malpractice when you discover or reasonably should have discovered your injury. In addition, Washington maintains a statute of repose that can bar certain actions if they are not filed within a set number of years after the date of the negligent act.

Other exceptions to these time periods may apply as well. For example, the court will impose a longer period in cases of minors or people who are mentally incapacitated. Additionally, the law may also pause or toll the statute of limitations when someone is outside of the country for a significant amount of time.

Duty of Care

Many medical malpractice claims involve negligent acts or omissions by healthcare providers. These mistakes may occur due to lack of training, experience, or skills, but they are also often the result of simple carelessness. Regardless of the cause, DC law sets forth specific legal requirements and processes for filing these cases.

It is a legal requirement for doctors and other healthcare providers to obtain informed consent from patients before performing any medical treatment or procedure. This means that they must explain the risks, benefits, and alternatives of the proposed treatment.

Victims of medical malpractice are entitled to compensation for various types of damages. These include economic damages to cover medical bills, loss of earnings and future earning potential, and noneconomic damages to address physical pain and emotional distress. Proving each element of a claim requires extensive research and expert testimony, which can be expensive. A Washington Heights medical malpractice lawyer can help you determine the appropriate damages for your case.

Duty of Competence

Washington DC law requires healthcare professionals to meet a standard of care. This standard varies by medical field, procedure, and individual patient. Our team can use expert testimony to establish the accepted standard of care for your situation, as well as prove that your healthcare provider breached this duty and caused you harm.

In a malpractice claim, the plaintiff must show that the healthcare provider’s failure to follow the standard of care was the proximate cause of their injury. Proving causation can be challenging, especially in cases involving complex medicine. Our lawyers have extensive experience handling this aspect of malpractice claims.

Many people think of doctors when they hear the term “medical malpractice,” but any medical professional may be liable for a claim. In addition, hospitals, clinics, and on-base healthcare providers are often named as defendants. We can investigate all liable parties and build a strong case for compensation. Our attorneys can also explain how the state’s contributory negligence rules apply to your case.

Duty of Disclosed Interests

In some cases, the law requires an attorney to disclose certain interests. For example, if a legal professional has a conflict of interest, they must notify their client and the other party involved. A breach of this rule can lead to a malpractice lawsuit.

If you believe that your lawyer committed a breach of duty, an experienced Washington malpractice attorney can help. A medical malpractice lawyer can conduct a thorough investigation and determine all responsible parties. They can also explain how DC’s strict negligence laws might impact your case. They can also determine the extent of your damages and pursue compensation for any losses resulting from missed deadlines, failure to disclose a conflict of interest, or erroneous advice. These damages can include medical expenses, emotional distress, lost wages, loss of consortium, and diminished future earnings. Contact Brett McCandlis Brown & Conner today for a free consultation.