Medical Malpractice Lawyers Washington DC

Serious injuries deserve experienced attorneys

When you have to spend time in the hospital, you expect some semblance of care and competence. If you received anything less, you’ll need to contact your Washington D.C. medical malpractice lawyer to get some much-needed compensation. At Cohen & Cohen, we’ve been helping our clients for over 30 years. Read on to see how that experience can help you, and contact us today to start working with a healthcare negligence lawyer you can trust.

Medical Malpractice Lawyer Washington D.C.

You could have gone in for a routine procedure, or you could have required a more intensive surgery. Maybe you needed an accurate diagnosis, or a prescription for medication. In any of these instances, you’d expect your medical care professionals to actually help you. Here’s what you wouldn’t expect: mistakes, injuries, misdiagnoses, or incorrect prescriptions that actually do more harm than good.

Medical malpractice is serious. It can leave you injured, disillusioned, and seriously short on funds. And while many medical care providers are well-trained and well-equipped to handle your needs, there are some who can cause serious injury through their negligence and lack of care. You shouldn’t have to foot the bill for someone else’s mistake, especially if it was in the operating room.

Even worse, you may be on the hook for corrective procedures to fix their mistakes. This is an additional expense, and even more pain and recovery downtime. Your insurer might have been on board for the first procedure, but there’s no guarantee they’ll help out for the second, third, or even fourth procedure you need just to fix a medical error.

You’re dealing with the results of inadequate medical care. You’re also fighting with insurance. It’s a tough situation, but your Washington D.C. medical malpractice lawyer can help set things straight.

When you contact your medical negligence lawyer, you’re getting a valuable ally and advocate on your side. Your legal team can help you negotiate with your insurer to make sure you’re getting paid enough and on time. And when your attorney investigates your claim, he or she can discover other parties that can (and should) be held accountable for your injuries.

Why Experience Matters In Medical Malpractice Cases

You need a legal team with plenty of experience. That’s what you get when you contact Cohen & Cohen.

• We’ve been helping our clients for over 30 years. That’s three decades of fine-tuning our approach to personal injury and medical malpractice claims, and developing the best strategies for cases like yours.
• Our team has secured hundreds of millions of dollars for our clients. A settlement can help you finally recover and move on after your malpractice claim.
• Cohen & Cohen has appeared in the Wall Street Journal, USA Today, and more. Washingtonian Magazine even described us as “one of Washington’s most feared personal injury lawyers”. If you’ve bee hurt, that’s representation you want on your side.

Contact Us Today

Don’t pay out of pocket for your hospital’s mistake. At Cohen & Cohen, we’re ready to help you get the compensation you deserve. Contact us today, and see how a Washington D.C. medical malpractice lawyer from our team can help you.

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. 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 Medical Malpractice Is

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.

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. 

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.

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.

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.

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.

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

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 also 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.

Washington DC Medical Malpractice Infographic

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.

Cohen & Cohen, Washington DC Medical Malpractice Lawyers 

1730 Rhode Island Ave NW # 410, Washington, DC 20036

Contact our Washington, DC Medical Malpractice lawyer today

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. 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.