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Frequently Asked Medical Malpractice Questions of the Doctor-Lawyers of Gershon, Willoughby, Getz & Smith, LLC

The following information includes frequently asked medical malpractice questions. The answers stated are general in nature and are not intended to apply to every medical malpractice situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Maryland medical malpractice lawyers of Gershon, Willoughby, Getz & Smith, LLC, you can receive a personal consultation regarding your specific situation.

• What is Medical Malpractice?
• Does someone who is simply not satisfied with the results of surgery have a malpractice case?
• Does misdiagnosis fall under medical malpractice?
• Is malpractice all that common?

What is Medical Malpractice?

Generally, medical malpractice is the failure of a health care provider to follow the accepted standards of care of his/her profession. If a physician was careless, lacked proper skills or disregarded standardized practices resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Does someone who is simply not satisfied with the results of surgery or treatment have a malpractice case?

No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure or treatment, not that the results from a standardized medical treatment were unsatisfactory.

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Can misdiagnosis fall under medical malpractice?

Yes. Medical malpractice is the failure of a medical provider to properly perform his/her duties, including the duty to follow the standard of care in diagnosing your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists and laboratory technicians) to use reasonable care in treating a patient. Please consult with the Maryland medical malpractice lawyers of Gershon, Willoughby, Getz & Smith, LLC if you feel you have been misdiagnosed by a physician.

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Is malpractice all that common?

Unfortunately, yes. A landmark study by the Institute of Medicine (IOM) of the National Academies of Science, published in 2000, entitled "To Err is Human" reported that as many as 98,000 persons die in American hospitals each year due to medical mistakes. In other words, medical malpractice is the eighth leading cause of death in America.

What will it cost to hire Gershon, Willoughby, Getz & Smith, LLC?

You pay nothing unless we win your case.

• Attorney Fees : The "contingency fee" agreement, for ordinary people, is the key to the courthouse. Under such an agreement a law firm is paid a percentage of the recovery; therefore, if there is no recovery for the client, the lawyer does not get paid. The contingency fee agreement ensures that the interests of the client and the lawyer are one and the same—to obtain the maximum recovery allowed by law.
• Case Expenses : A medical malpractice case can be extremely expensive. In order to maximize the chance of a substantial recovery in a medical malpractice case, we typically retain experts in many medical areas. The cost can be as much as $100,000.00, or more, per case. The firm knows its clients cannot afford these expenses and thus advances all costs of investigating and litigating your claim. Unless precluded by state law, you will not have to reimburse our firm for these expenses unless we win for you.

If you or someone you know has been injured and you believe that malpractice is a factor, please contact the doctor-lawyers of Gershon, Willoughby, Getz & Smith, LLC  toll free at 866-435-3898, or complete the contact form provided on this site to begin your free consultation with an experienced medical malpractice lawyer who will  compassionately and aggressively pursue your claim if we believe it is meritorious. 

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