Medical Malpractice

Medical malpractice is negligence by a healthcare provider (physician, nurse, hospital, etc.) that causes harm to the patient. It can arise in the context of a surgical procedure, a failure to diagnose, a wrongful prescription, an anesthesia mishap, or any other number of scenarios involving medical care.

Brain injuries • Nerve injuries
• Pediatric malpractice • Blindness/eye damage
• Dental malpractice • Failure to timely diagnosis
• Emergency room error Catastrophic injuries
• Failure to treat • Surgical error
• Cancer misdiagnosis • Radiation injuries
• Anesthesia mistakes • Medication injures
• Amputations • Quadriplegia/Paraplegia
• Birth injuries • Oxygen deprivation
• Obstetrical negligence • Hospital malpractice

A healthcare provider may not be negligent simply because the desired result was not achieved or the procedure resulted in some injury. It must be shown that the provider actually acted negligently under the circumstances. In order to show medical negligence, the law requires proof that the healthcare provider breached what we call "the standard of care." That is, the provider failed to act as a reasonable and prudent physician would have acted under the circumstances. This can only be proven in court through the testimony of medical experts – other physicians who do the same or similar procedures.

In a medical malpractice action the victim can seek compensation not only for the medical expenses (both past and future) incurred, but also for all pain and suffering caused by the injury. This is especially significant in the case of injuries for which there is little to no likelihood of full recovery.

In a situation involving potential medical malpractice the victim, by law, has a limited amount of time in which to file a complaint. In Virginia this time is two (2) years from either the date of the incident or from the last date of treatment with the target healthcare provider. In Washington, DC it is three (3) years from the date of the injury. In Maryland a complaint for medical malpractice must be filed within either five (5) years from the time of the injury or three (3) years of the date that the injury was discovered.

Medical negligence cases are complex and often involve the integration of law, medicine and science. Bartoli Cain Law specializes in treating victims with dignity while helping them understand and navigate the legal process. In partnership with each client we evaluate the client's situation and then determine a course of action. Ms. Bartoli Cain has developed an extensive network of doctors and experts who assist in reviewing cases to determine whether malpractice or negligence truly has occurred and whether the claim can be effectively litigated. Medical negligence cases are among the most difficult to litigate successfully, but our clients have enjoyed great success in the cases we have chosen to pursue. This success is a product of Bartoli Cain Law's meticulous initial evaluation of each client's unique situation.