Medical Malpractice Lawyers

Serious injuries deserve experienced attorneys

Washington DC Medical Malpractice Lawyer

Have you or a loved one been harmed by a medical mistake in the District of Columbia? You’re not alone, and you have legal options. Medical errors are now recognized as a leading cause of injury and death in the United States. A landmark report by the Institute of Medicine estimated that between 44,000 and 98,000 Americans die each year due to preventable medical mistakes (Medical error—the third leading cause of death in the US. | PSNet). More recent research argues the true number of deaths may exceed 250,000 annually, which would make medical errors the third-leading cause of death in the U.S. (Medical error—the third leading cause of death in the US. | PSNet). These sobering statistics show how devastating medical negligence can be. If you’ve suffered because a doctor or hospital in Washington, DC failed to meet the standard of care, a medical malpractice lawyer in DC can help you pursue justice and compensation.

At Cohen & Cohen, our experienced Washington, DC medical malpractice attorneys understand the immense physical, emotional, and financial toll that medical negligence takes on victims and their families. We have 30+ years of experience and have handled over 10,000 cases, recovering more than $300 million for injury victims. Led by attorney Wayne Cohen, our team combines compassionate client service with a relentless pursuit of results. Wayne Cohen is an AV-rated trial lawyer and professor of law who has been recognized among “Washington’s best lawyers” and even named one of the “50 best lawyers in Washington” by Washingtonian Magazine. When you work with Cohen & Cohen, you get a team that knows how to win tough medical malpractice cases – and no fee unless we win your case (client may be responsible for costs). We’re available 24/7 to provide a free consultation and help you understand your rights.

What Is Medical Malpractice?

Medical malpractice (also called medical negligence) occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm to a patient. Doctors, nurses, hospitals, and other providers have a legal duty to treat patients with the same level of skill and care that a reasonably competent provider in the same field would use. If they breach that duty by doing something (or failing to do something) that competent professionals would not, and a patient is injured as a result, the provider can be held liable for malpractice ( An Introduction to Medical Malpractice in the United States – PMC ). In simpler terms, malpractice means the provider messed up in a way that other careful providers wouldn’t, and that mistake caused you harm.

Not every bad outcome in healthcare is malpractice – sometimes complications happen even with appropriate care. The key question is whether the provider was negligent. Examples of negligence include misdiagnosing a serious condition, making a surgical error, giving the wrong medication or dose, or failing to respond to an emergency in a timely manner. We trust doctors with our lives, so when that trust is broken, the consequences can be life-changing. In fact, a 2023 Johns Hopkins study estimated that misdiagnosis and other diagnostic errors cause or contribute to roughly 795,000 permanent injuries or deaths in the U.S. each year (Burden of Serious Harms from Diagnostic Error in the USA). That’s hundreds of thousands of patients suffering needlessly due to incorrect or delayed diagnosis.

Medical malpractice law is designed to hold careless providers accountable and provide compensation to injured patients. Under DC law (like other states), to prove a medical malpractice claim you generally need to establish four things ( An Introduction to Medical Malpractice in the United States – PMC ):

1. Duty – That you had a doctor-patient relationship with the provider, creating a legal duty of care. (Usually obvious – if the provider was treating you, a duty exists.)
2. Breach of Duty – That the provider violated the standard of care. In other words, they did something no reasonable similarly-trained professional would do (or failed to do something a competent provider would have done) ( An Introduction to Medical Malpractice in the United States – PMC ). This often requires testimony from a qualified medical expert to show how the care fell below accepted standards. (Some errors are so egregious that negligence is clear – for example, operating on the wrong body part is negligence per se.)
3. Causation – That the provider’s negligence directly caused your injury. It’s not enough to prove the doctor made an error; we must link that error to the harm you suffered ( An Introduction to Medical Malpractice in the United States – PMC ). Often, defense lawyers try to argue that the bad outcome was due to an underlying condition or “acceptable risk” rather than the negligence. A skilled attorney will gather medical evidence and expert opinions to prove the connection between the error and your injuries.
4. Damages – That you suffered verifiable harm as a result. In a malpractice case, damages can include additional medical bills, pain and suffering, lost wages, disability, and other losses stemming from the injury. If there are no damages, there is no viable claim even if a mistake occurred ( An Introduction to Medical Malpractice in the United States – PMC ). In most cases, however, a medical mistake causes significant trauma that warrants compensation.

Proving these elements can be complex. Hospitals and insurance companies have aggressive lawyers on their side to fight malpractice claims – their goal is to pay nothing or as little as possible. That’s why you need an experienced DC medical malpractice attorney to investigate what happened, consult the right medical experts, and build a compelling case that meets all the legal requirements.

Common Examples of Medical Malpractice

Medical negligence can take many forms. Below are some of the most common types of medical malpractice cases we see in Washington, DC and nationwide:

• Misdiagnosis or Delayed Diagnosis: Failure to diagnose an illness, or giving the wrong diagnosis, is a leading cause of malpractice claims. If a doctor misses signs of cancer, heart attack, stroke, or another serious condition and the lack of proper treatment causes harm, it may be malpractice. Misdiagnosis cases are especially tragic because early intervention is often critical. (As noted, misdiagnoses lead to a huge number of preventable injuries and deaths each year (Burden of Serious Harms from Diagnostic Error in the USA).)
• Surgical Errors: Mistakes during surgery or other procedures can range from operating on the wrong site, accidentally cutting or perforating an organ, leaving surgical instruments or sponges inside the patient, to causing nerve damage. Surgical teams must adhere to strict protocols – when they don’t, the results can be catastrophic. For example, a negligent surgeon can cause internal injuries or infections that require additional surgeries to fix.
• Anesthesia and Medication Errors: Proper dosing and monitoring are critical when administering anesthesia or medications. An anesthesia error (like giving too much anesthesia or failing to monitor vital signs) can cause brain damage or death. Medication errors include giving the wrong drug or dose, dangerous drug interactions, or pharmacy dispensing mistakes. These errors can lead to overdoses, allergic reactions, or a patient not receiving needed treatment.
• Birth Injuries: Negligence during prenatal care or childbirth can injure both mother and baby. Examples include failing to perform a timely C-section in the presence of fetal distress, improper use of forceps or vacuum that injures the infant, or not managing a newborn’s breathing difficulties. This can result in conditions like cerebral palsy, brachial plexus injuries (Erb’s palsy), or maternal hemorrhage. Birth injury cases are often heartbreaking, as families must deal with lifelong consequences for a child.
• Hospital Negligence and Nursing Errors: Hospitals can be held liable when their staff members fail to provide adequate care. This might involve nurses not monitoring a patient’s vital signs or symptoms, improper post-surgical care leading to infections, patient falls due to lack of supervision, or emergency room errors (like turning away a critical patient or excessive delays in treatment). In DC’s urban hospitals, overworked staff and systemic issues can contribute to mistakes. If hospital policies or staffing failures cause an injury, the institution itself may be negligent.
• Lack of Informed Consent: Before performing a procedure or treatment, doctors are required to inform patients of the risks, benefits, and alternatives and obtain the patient’s consent. If a doctor fails to disclose a major risk and the patient would have declined treatment had they known, the provider may be liable if that risk materializes. For example, if a surgeon doesn’t warn of a known complication and the patient suffers that complication, this could form the basis of a malpractice claim.

These are just a few examples – medical malpractice can occur in any area of medicine, from emergency care to dentistry to pharmacy errors. The common thread is that the healthcare provider failed to act as a competent provider would, and a patient was injured as a result. If you suspect that happened to you, it’s worth speaking with a knowledgeable lawyer about your case.

Remember: It’s not your job to know exactly what went wrong medically – that’s what our legal and medical team will figure out. If you know you’re worse off after a medical encounter and something feels “off,” trust your instincts and reach out for legal help. We have the resources to obtain your medical records, consult experts, and determine if your care was negligent.

Why You Need a Medical Malpractice Attorney

Medical malpractice cases are among the most complex personal injury cases. They combine complicated medical facts with challenging legal standards and fierce opposition from well-funded defendants. Here are a few reasons to have an experienced malpractice lawyer on your side:

• Complex Medical Evidence: Proving malpractice means delving into medical records, hospital policies, and clinical standards. We often need to depose doctors and nurses, hire medical experts to review charts and testify, and translate all the medical jargon into plain English for a jury. A seasoned attorney will have a network of qualified medical experts (surgeons, specialists, nurses, etc.) who can provide expert opinions that your provider indeed breached the standard of care ( An Introduction to Medical Malpractice in the United States – PMC ). We handle the heavy lifting of gathering evidence – your focus can be on your recovery.
• Hospitals Will Fight Hard: Healthcare providers (and especially their insurers) rarely admit fault. Expect the defense to put up a fight. They may claim “we did everything we could” or even try to pin your injuries on an underlying condition. Hospitals and doctors have attorneys whose job is to minimize payouts or deny your claim outright. Without a strong lawyer, it’s very difficult for an individual to go up against these defense teams. Cohen & Cohen levels the playing field. We are experienced negotiators and litigators who won’t be intimidated by big hospitals or insurance companies. Our firm has a track record of success in high-stakes cases, and we will fight aggressively for your rights – whether that means a tough settlement negotiation or taking your case to trial in front of a jury.
• Legal Strategy and Guidance: An experienced malpractice lawyer will know how to develop a legal strategy tailored to your case. For instance, determining who exactly is liable (sometimes more than one party – e.g. a surgeon and the hospital) and making sure all those parties are included in the lawsuit is critical. We will also calculate all your damages (current and future) to demand the maximum compensation you deserve. If the insurance comes with a lowball offer, we’ll advise you not to settle for less than fair value. Essentially, we’re your strategic partner, guiding you through the legal maze so you don’t have to figure it out alone. Never go into a malpractice claim alone – even an insurance industry article noted the pitfalls of pursuing these cases without legal counsel.
• Contingency Fee – No Upfront Cost: One of the biggest barriers for injured patients is the cost of litigation. Medical malpractice cases can cost tens of thousands of dollars in expert witness fees, depositions, and court costs. At Cohen & Cohen, we handle cases on a contingency fee basis – meaning you pay nothing upfront and no attorney’s fee at all unless we win. We invest in your case and only get paid if we secure a settlement or verdict for you. This arrangement allows you to get top-quality legal representation regardless of your financial situation. It also aligns our interests – we are motivated to get you the largest award possible, because our fee is a percentage of the recovery. There’s literally no financial risk for you to pursue your claim. (Any case expenses we advance are reimbursed from the recovery, and if we don’t win, you owe us nothing.) Our “No Fee Unless We Win” promise and free consultation policy mean everyone has access to justice, even against wealthy medical institutions. Keep in mind that clients may be responsible for all related costs of litigation even under the “no fee unless we win” promise.
• Peace of Mind: Perhaps most importantly, having a trusted lawyer gives you peace of mind during a very difficult time. After a medical injury, you should be focusing on healing and your family – not wrangling with legal paperwork or insurance adjusters. We take that burden off your shoulders. From the moment you hire Cohen & Cohen, we handle all communications with the hospitals and insurance companies. If they call, you can simply direct them to us. We will keep you informed at every stage, but we shoulder the stress of the legal fight so you can concentrate on recovery. Our compassionate team truly cares about our clients. We regularly check in and make sure you’re getting the support you need (including referrals to quality medical specialists for your continued care, if necessary). You are not alone in this fight – we’ll be with you every step of the way.

Why Choose Cohen & Cohen?

When it comes to choosing a Washington, DC medical malpractice lawyer, you have many options. Here’s what sets Cohen & Cohen apart and why so many clients in DC, Maryland, and Virginia have trusted us with their malpractice cases:

• Proven Experience and Results: We have been helping injury victims since 1993. In that time, we’ve handled thousands of cases and recovered over $300 million for clients. Our firm is not new to medical malpractice – we know the common tactics the defense uses and how to counter them. Wayne Cohen and our team have secured numerous multi-million dollar settlements and verdicts in complex injury and malpractice cases. For example, we have helped victims of surgical mistakes, birth trauma, cancer misdiagnosis, and other negligence obtain the financial recovery they needed to rebuild their lives. Our extensive experience means we can hit the ground running on your case. Insurance companies know our reputation and that we won’t hesitate to go to trial if they don’t offer a fair settlement. Simply put: we know how to win, and our results speak for themselves.
• Renowned Attorney Leadership: The firm’s founder, Wayne R. Cohen, is a highly respected attorney both locally and nationally. Wayne is an adjunct professor of Trial Skills at George Washington University Law School (teaching future lawyers how to try cases) and a past President of the Trial Lawyers Association of Washington, DC. He has earned an AV Preeminent® rating (the highest peer rating in law) and has been repeatedly honored by publications. Washingtonian Magazine has called him one of “Washington’s Best Lawyers” and “one of the city’s most feared personal injury lawyers,” among other accolades. He’s appeared on major TV networks and in national media to share his legal expertise (Wayne R. Cohen – Washingtonian). When you hire Cohen & Cohen, you benefit from Wayne’s decades of expertise and the respect he’s earned in the legal community. It can make a difference—opposing counsel know they’re up against a top-tier lawyer who knows all the tricks. But despite his impressive résumé, Wayne prides himself on being approachable and down-to-earth with clients. He will listen to your story and treat you with the compassion and dignity you deserve.
• Dedicated Team Approach: Our firm has a team of skilled trial attorneys, paralegals, and support staff all focused on injury and malpractice cases. We limit the number of cases we take so that each client gets personalized attention. When you join our client family, we truly care about your outcome. You’ll have a primary attorney handling your case, but also the collective knowledge of our whole team at your disposal. We often brainstorm together on tough cases to find creative solutions. Our lawyers are licensed in DC, Maryland, and Virginia – so if your care involved multiple jurisdictions (for example, surgery in DC but follow-ups in Maryland), we can seamlessly handle the multi-state aspects. We also partner with top experts: medical specialists, life-care planners, economists – whatever is needed to demonstrate the full impact of your injuries. Our resources and network run deep, which is critical in major malpractice cases.
• Client-Focused Care: At Cohen & Cohen, clients come first. We know that for you, this case is personal – it’s about getting justice and securing your family’s future after a devastating event. We make it a point to be there for our clients. Phone calls and emails are returned promptly. We’ll update you regularly on important developments. If you have questions or concerns, we’ll take the time to explain the legal process in plain language. Our attorneys are not aloof or unreachable – we build relationships with our clients. Many past clients refer friends and family to us because they appreciated our warmth and professionalism. We also have hundreds of positive reviews from clients we’ve helped. This reflects our commitment to treating clients with respect, honesty, and compassion. When you’re going through one of the toughest times in your life, having a legal team that truly cares makes a huge difference. We strive to not only achieve great results but also to make the process as stress-free as possible for you.
• Reputation for Excellence: Our success has earned us recognition in the legal field. Other lawyers frequently refer complex malpractice cases to us. We’ve been featured in media and have top ratings on lawyer directories. But what matters most is what our clients say. One former client said, “Cohen & Cohen was there for me like family – they fought for me and kept me informed every step of the way.” Another client praised our team’s responsiveness and dedication, saying “They truly cared about what I was going through and it showed.” We are proud of our reputation and we work hard every day to maintain it by delivering excellent service and results. When you hire us, you can be confident you have a trusted, reputable firm advocating for you.

What To Do If You Suspect Medical Malpractice

If you believe you or a loved one has been a victim of medical malpractice in DC, here are some steps to protect your rights and strengthen your potential case:

1. Obtain Medical Records: Request a complete copy of your medical records related to the treatment in question. By law, you are entitled to your records. These records will be crucial evidence in evaluating what went wrong. Our firm can also help obtain and review records, but it’s good to start gathering any documents, discharge summaries, test results, etc. that you have access to.
2. Seek a Second Opinion or Appropriate Care: Your health comes first. If you’re still dealing with the medical issue, consider getting a second opinion or transferring to another doctor for corrective treatment. Another doctor may also document the mistake (for example, “sponge left in abdomen from prior surgery”) which can support your claim. Plus, you want to mitigate any further harm by getting proper care as soon as possible.
3. Start a Journal: Call us first, but It can be very helpful to write down a timeline of events and keep notes on how the injury has affected you. Note dates and details: when you first noticed something was wrong, symptoms you experienced, conversations with the doctor, etc. Also journal your pain levels, treatments, and the ways your life has changed (missed work, unable to do activities, etc.). This contemporaneous record can serve as evidence of your damages (pain and suffering, daily limitations) and help you remember details later when asked.
4. Don’t Sign Anything or Talk to Insurers (Yet): If the hospital or insurance company contacts you, do not give a recorded statement or sign any forms without legal advice. Sometimes, hospitals may offer a quick settlement if they sense a serious error – but these early offers are usually far lower than what you deserve. Or they might ask you to sign a release of liability in exchange for covering some medical bills. Do not agree to anything before consulting a lawyer. You could unknowingly sign away your rights. Politely decline to discuss the matter and let them know your attorney will be in touch.
5. Consult a Medical Malpractice Lawyer ASAP: Malpractice cases are time-sensitive. Evidence can disappear, memories fade, and as discussed, legal deadlines apply. Contact an experienced DC medical malpractice lawyer as soon as you suspect malpractice. At Cohen & Cohen, we offer a free initial consultation. We will listen to what happened, ask some questions, and give you an honest assessment of whether you might have a case. There is no obligation – if you just want to know your options, we’re happy to help. The sooner we start investigating, the better we can build a strong case. Keep in mind the 90-day notice requirement in DC – we need to account for that in the timeline, so don’t delay reaching out.
6. Let Your Attorney Take It From There: Once you hire us, we will immediately begin working on your behalf. We’ll handle the notifications, paperwork, and dealings with the medical providers and insurers. We may also advise you on other practical things, like whether to file a complaint with the medical board (sometimes appropriate in egregious cases). Our goal is to take the burden off you. You’ve been through enough – now it’s our turn to advocate for justice and fair compensation.

Throughout this process, remember that you have rights. Doctors and hospitals in DC are not above the law. By coming forward with your claim, you’re not only seeking justice for yourself but potentially preventing future patients from suffering the same fate. Many safety improvements in healthcare have come about because patients stood up and held providers accountable, prompting changes in protocols.

Contact Us for a Free Consultation

Dealing with a medical injury can be overwhelming, but you don’t have to fight this battle alone. The team at Cohen & Cohen is ready to help you demand answers and accountability. We offer free, no-risk consultations to review your situation and explain your legal options. Contact our Washington, DC medical malpractice lawyers today to get started on the path to justice.

When you reach out, we will schedule a consultation (by phone, video, or in-person, whichever is most convenient for you). We’ll listen to your story with compassion and confidentiality. If we take your case, you can rest assured that we will pour all our effort and resources into securing the best possible outcome for you. Our mission is to obtain the maximum compensation available to cover your medical bills, lost income, rehabilitation, and to compensate for your pain, suffering, and loss of quality of life. We can’t undo what happened, but we can help you secure financial stability and a sense of justice as you move forward.

Take the first step toward healing and justice. Call Cohen & Cohen at any time – we’re available 24/7 to take your call. You can also fill out our simple online contact form and we will get back to you promptly. Time is of the essence, so don’t delay. Let our experienced medical malpractice lawyer DC team put our knowledge and passion to work for you. We’ll fight for your rights while treating you with the respect and care you deserve.

Your health and future matter – and we are here to help you protect them. Contact Cohen & Cohen today for your free case evaluation and let us start advocating for you.