Brien Roche is an experienced medical malpractice lawyer serving all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. Call, or contact us for a free consultation.
Doctors and hospitals who are sued for medical malpractice fight these claims aggressively and they fight to win. If you have been the victim of medical or hospital negligence in Virginia, Maryland or Washington, D.C., you need an experienced medical malpractice attorney that is up to the challenge. With over 35 years of trial experience in the Fairfax area, and a proven track record of bringing home over $25,000,000.00 in compensation for our clients, Brien Roche is up to the challenge!
What is Medical Malpractice?
Medical malpractice may come in a number of different forms:
- Anesthesia injury
- Bile duct injury from gall bladder surgery
- Brain damage in birth injury
- Breast cancer — mammogram misdiagnosis
- Gastric Bypass
- LASIK surgery
- Heart attack — cardiac misdiagnosis
- Plastic surgery injury
Defenses to medical malpractice claims:
- Doctors and their lawyers and hospitals and their lawyers are very adept at raising a variety of defenses when a medical malpractice claim is asserted. One of the more common defenses that is raised is simply that the doctor was simply making a judgment call which fell within accepted medical standards.
- Another common defense is even if the doctor was negligent the patient still would have died. This becomes essentially a causation question, i.e. did the doctor’s substandard care in fact cause the injury or death to the patient.
- The doctor fully disclosed the risk to the patient. Indeed the doctor may have fully disclosed the risk to the patient but that does not mean that the doctor is insulated from his negligent conduct. If the doctor was negligent, then that negligence may be a basis for a claim for recovery even though the risk was disclosed.
Informed Consent In Medical Malpractice Claims.
The law grants to patients the right to choose whether to obtain medical treatment and requires that a healthcare practitioner provide the patient with accurate information as to diagnosis, the nature of the proposed treatment and the risk associated with that treatment and also alternatives to that treatment. The physician’s failure to provide that information itself may be medical malpractice.Informed consent claims are frequently an element of a medical malpractice action. Prior to rendering medical treatment to a patient a health care provider should obtain the informed consent of the patient. The informed consent means as the term implies, that the patient has been advised as to the nature of the procedure and the risk associated with the procedure. In most medical malpractice claims the need for that disclosure and the extent of the disclosure is to be established through expert medical testimony. For instance, in the delivery of a child if the doctor anticipates there may be a need for a use of forceps in the delivery of the child then that is a fact that should be disclosed to the mother along with disclosing the possible bad consequences from the use of forceps. It is conceivable that in certain circumstances the necessity of disclosure is so obvious that expert testimony will not be necessary to establish that fact.
Medical Malpracrice : How Consent Forms Work
The mere fact that a patient has signed an informed consent form or what is frequently just called a consent form does not mean that the patient has consented to any subsequent negligence on the part of the health care provider. Indeed, in most instances where there is no issue of consent or informed consent then the existence of the consent form is simply not relevant and should not even be presented as evidence during the course of the trial. Frequently the defense will attempt to rely upon the consent form as a basis for showing that the patient understood the risks and agreed to assume those risks. That is not the purpose of an informed consent form. For instance, if during the course of surgery the surgeon perforates the bladder, the fact that that risk was disclosed in the consent form does not insulate the physician from liability. Indeed, the existence of that consent form is not even relevant unless there is an issue in the case of informed consent.
Contact a Medical Malpractice Lawyer
If you or a loved one has been a victim of medical malpractice in Virginia or Washington DC contact Brien Roche today for an experienced, aggressive attorney.