Oliver-Zhang Law: Millions Recovered for Clients in Medical Malpractice
The Difference is the Power of Care
Victims of medical malpractice often don’t realize that their injuries and suffering are the result of medical negligence until they consult an experienced attorney. At Oliver-Zhang Law, we have the legal expertise and medical knowledge to build strong cases against negligent healthcare providers.
Doctors, nurses, physical therapists, and other healthcare professionals are required to follow established standards of care when treating patients. The standard of care represents the commonly accepted medical practices that healthcare providers are expected to adhere to in diagnosing, treating, and monitoring patients. When a provider deviates from these standards, the consequences can be catastrophic, leading to severe, permanent injuries or even wrongful death.
At Oliver-Zhang Law, we work with leading medical experts—doctors, nurses, and other specialists—to investigate your case. Where other attorneys may pass up cases that are too complex, difficult, or time consuming, we do everything we can to create the best case and fight to maximize your recovery. Our goal is to uncover when and how negligence occurred, holding providers accountable for the harm they caused, and winning just compensation for our clients.
Types of Medical Malpractice Cases We Handle
Medical malpractice takes many forms, and each case is unique. Here, we discuss examples of serious malpractice incidents that illustrate the devastating impact negligence can have on patients and their families. These cases highlight why experienced legal advocacy is crucial in holding healthcare providers accountable.
Birth Injuries:
Medical professionals are responsible for carefully monitoring pregnant women and newborns to ensure safe pregnancies and deliveries. Failure to detect complications or respond appropriately to warning signs can lead to devastating outcomes, including miscarriage, premature birth, birth injuries, or unnecessary cesarean sections. Infant injuries may include nerve damage, broken bones, cerebral palsy, brain damage, or wrongful death.
Example: In one case, a family was awarded $97.4 million after their child suffered severe brain damage due to improper use of forceps during delivery. This record-setting verdict underscores the importance of proper care during childbirth.
Emergency Room Malpractice:
In the chaos of an emergency room, healthcare providers sometimes fail to recognize the urgency of a patient’s condition. Delayed diagnostic tests, improper examinations, or failure to provide timely treatment can lead to complications, infections, or life-threatening conditions. These mistakes can prolong recovery or cause permanent harm.
Example: A patient experiencing chest pain was discharged without proper testing, resulting in a fatal heart attack hours later. The family received a $5.8 million verdict, highlighting the devastating consequences of delayed emergency care.
Failure to Diagnose:
When a doctor fails to recognize a medical condition, it can have life-altering consequences. Misdiagnosis or delayed diagnosis often results in unnecessary treatments while the actual condition worsens. For example, missing a cancer diagnosis can deprive patients of critical early intervention, making the difference between life and death.
Example: A woman with a family history of breast cancer endured years of routine mammograms misread as normal. The delayed diagnosis led to advanced-stage cancer, resulting in a $680,000 verdict for her family.
Surgical Errors:
Surgical procedures require precision and caution, yet negligence by a surgeon, anesthesiologist, or other team member can result in severe harm. Examples include performing the wrong procedure, operating on the wrong body part, administering incorrect anesthesia, or causing permanent damage to organs or arteries.
Example: In one tragic case, a surgeon operated on the wrong side of a patient’s brain, leading to significant impairment. This devastating error resulted in a $20 million settlement.
Medication Errors:
Mistakes in prescribing or administering medications can have dangerous, sometimes fatal, consequences. This includes prescribing drugs with harmful interactions, dispensing incorrect dosages, or administering the wrong medication entirely.
Example: A patient was prescribed a medication that dangerously interacted with her existing prescriptions, resulting in severe complications. The case settled for $1 million, emphasizing the need for meticulous review of medications.
Patient Falls:
Hospitals and healthcare facilities must ensure patient safety, especially for those recovering from surgery or with mobility issues. Negligence in monitoring or supporting vulnerable patients can lead to falls, resulting in traumatic injuries like broken bones or head trauma.
Example: An elderly patient fell from an improperly secured hospital bed, suffering a hip fracture. The hospital’s negligence led to a $750,000 settlement.
Nursing Home Negligence:
Elderly residents in nursing homes and assisted living facilities deserve attentive care, yet these institutions are often understaffed. Neglect in these facilities can cause bedsores, malnutrition, dehydration, infections, or falls, sometimes leading to fatal outcomes.
Example: A nursing home resident developed severe bedsores due to neglect, which resulted in a fatal infection. The nursing home was held liable, and the family was awarded $2 million.
How We Prove Medical Malpractice
Doctors and hospitals often deny liability in malpractice cases, which is why building a strong legal argument is essential. To pursue compensation, we must demonstrate four critical elements:
- Duty of Care: The provider had a responsibility to follow accepted medical standards.
- Breach of Duty: The provider failed to meet these standards.
- Causation: Their negligence directly caused the injuries.
- Damages: You suffered serious, permanent injuries as a result.
We leverage expert testimony and thorough case investigations to establish each of these elements, ensuring your claim is compelling and supported by evidence.
Statute of Limitations for Medical Malpractice Cases
It’s essential to act quickly in medical malpractice cases, as each state imposes strict deadlines for filing a lawsuit:
| State | Time Limit | Statute |
|---|---|---|
| District of Columbia | 3 years | D.C. Code § 12-301 |
| Maryland | 3 years from discovery / 5 years from occurrence | Md. Cts. & Jud. Proc. Code § 5-109 |
| New York | 2.5 years | N.Y. CPLR § 214-a |
| Virginia | 2 years | Code of Va. § 8.01-243 |
| Washington | 3 years | Wash. Rev. Code § 4.16.350 |
Consulting with an attorney promptly ensures your case is filed within the appropriate time frame.
Statute of Limitation Extensions for Minors:
For minors, many states extend the statute of limitations for filing a medical malpractice lawsuit. In most cases, the clock does not start until the minor reaches 18 years of age. For example, in the District of Columbia and Maryland, minors generally have until their 21st birthday to file a claim. However, some states impose stricter timelines, making it crucial to consult an attorney to ensure your claim is filed within the allowable time frame.
Short Notice Requirements for Claims Against Government Entities:
When malpractice involves a public hospital or government-employed healthcare provider, short notice requirements often apply. In many jurisdictions, claimants must notify the government entity in writing within six months of the alleged malpractice or injury. For instance, in the District of Columbia, claimants must comply with D.C. Code § 12-309, which requires notice within six months. Failure to meet this deadline can bar the claim entirely, so prompt legal action is critical.
Special Notice Provision in D.C.:
In addition to the standard statute of limitations, the District of Columbia has a specific requirement under the Medical Malpractice Proceedings Act of 2006. Plaintiffs must provide written notice to the healthcare provider of their intention to file a medical malpractice lawsuit at least 90 days before filing the claim. This notice should include the factual basis for the claim, the nature of the alleged injuries, and the damages sought. Failure to comply with this notice provision could delay or bar the claim. It’s essential to work with an attorney to ensure all procedural requirements are met in a timely manner.
Was It Malpractice?
Not every negative medical outcome qualifies as malpractice. Errors that don’t involve negligence or violations of the standard of care are not grounds for a lawsuit. At Oliver-Zhang Law, we evaluate your medical records and consult with experts to determine if your case meets the criteria for malpractice.
Frequently Asked Questions About Medical Malpractice
1. How do I know if I have a medical malpractice case?
If you suspect malpractice, it’s crucial to consult an experienced attorney. We’ll review your medical records, consult with experts, and determine if negligence caused your injuries.
2. How long do I have to file a lawsuit?
The statute of limitations varies by state. In D.C., you generally have three years, but specific circumstances—like minors or government claims—may extend or shorten this period.
3. What should I do if I suspect medical malpractice?
If you believe you’ve been a victim of medical malpractice:
- Seek immediate medical care to address your condition and ask for key evidence to be preserved, such as tissue samples for pathology, removed implants or medical devices, or photographs taken during surgery.
- Obtain copies of your medical records.
- Document everything related to your injury and treatment.
- Contact an experienced attorney as soon as possible to evaluate your case.
4. It’s been more than three years since I had surgery and it looks like I have missed the statute of limitations, but I just found out the doctor left a sponge inside me during surgery. Is it too late to file a lawsuit?
This depends on the discovery rule, which allows the statute of limitations to begin from the date you discovered or should have reasonably discovered the injury. For example, in D.C., the 3-year statute of limitations would begin when the retained sponge was discovered, not the date of the surgery. Contact an attorney immediately to evaluate your case and ensure it is filed within the allowable time.
For more questions, visit our Full Medical Malpractice FAQ or contact us for a free consultation.
Why Choose Oliver-Zhang Law?
We know the pain and uncertainty that follow medical malpractice injuries. That’s why we work on a contingency basis—you pay nothing unless we recover compensation for you. Let us provide clarity and guidance during this challenging time.
Schedule a free consultation today by calling 202-643-1110 or emailing [email protected]. Our compassionate, experienced attorneys are ready to help.
