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 doctors substandard care in fact cause the injury or death to the patient.
- I 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.
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 physicians failure to provide that information itself may be medical malpractice.
If you or a loved one has been a victim of medical malpractice in Virginia, Washington DC or Maryland, contact Brien Roche today for an experienced, aggressive attorney.