FAQ

Most medical malpractice cases require these key elements:

• Proof that a doctor, nurse, or some other health care provider did something wrong, or failed to do something that should have been done; and
• Proof that the substandard care caused an injury or death.

If there was bad care, but you suffered no injury, generally there is no case.

If there was acceptable care, but you suffered a recognized complication, you may not have a case.

An experienced medical malpractice lawyer will carefully investigate your claim, including all medical records, images and slides, and will have it reviewed by experienced independent medical experts to determine if the care was really substandard and if the substandard care caused permanent injury or death.

I carefully screen all of our cases and will not take a case unless we are confident that it is very strong.

Most attorneys experienced in medical malpractice take these cases on contingency fee agreements. Most firms take 40% because these cases are very complex and require significant funding of expenses by the firm during the litigation. In general, I have a tiered fee arrangement for these types of cases. If I am able to resolve your case early our agreement provides for a lower percentage attorney fee, which means more funds go to the client and the family if we can resolve it early.

Regardless of the exact percentage, the term “contingency fee” generally means the client does not pay attorneys’ fees unless your lawyers are successful in getting a settlement for you or they get a verdict and you get paid after a trial. You also want to make sure your attorney agrees to pay all the litigation costs upfront on your case as these can be very expensive. These include fees for medical experts, deposition fees and court costs. With most attorneys you are not expected to pay these costs back unless and until there is a settlement or verdict, at which time these litigation costs will be repaid out of the settlement proceeds.

No. In every state there are time limits by which you have to file your lawsuit. Many states, including DC, Maryland and Virginia, have other requirements that must be met before the lawsuit can be filed. In Virginia there are certain requirements regarding expert reports that must be accomplished before the lawsuit can be served.

It is very important that you find an experienced medical malpractice lawyer to represent you and that after an initial phone interview, if the case seems like it might have merit, I will meet with you or speak with you at length by phone if it is hard to meet in person under the circumstances. I do make house calls or come to the hospital when necessary. My team then gathers all of the evidence we need to have experts review the care in question to obtain answers. In some instances, we will want to put the hospital or doctor on notice to preserve certain evidence such as videotapes of procedures or paper sign in sheets that might otherwise not be saved.

Probably not, but that depends on the state laws and the circumstances. You need to contact an experienced medical malpractice lawyer who has experience handling birth injury cases. These cases can be quite complex and not all malpractice attorneys have personal experience handling these cases.

Many times parents do not know the extent of the problem until the child starts school and sometimes not until school becomes challenging.

Yes, if you have a valid claim. The consent form does not mean you agreed to be treated improperly and harmed. It does not mean that you have waived your right to have safe care. It also does not mean you have agreed to accept the risk of all complications that might occur. The form is not a waiver. Contact an experienced malpractice attorney to discuss the facts in your case as soon as you can.

These are complex cases and they can take some time to investigate thoroughly and once filed it can take 12-18 months in the court systems in D.C., Maryland and Virginia. An experienced lawyer will explain to you that more and more of these cases are going to trial in today’s climate. In fact, even the strongest cases are still settling at the end of discovery, fairly close to trial. This makes your decision about counsel even more important.

Make sure to ask how many complex medical malpractice cases the attorney has actually tried to verdict in this area. This is a very specialized area of law and we see the same attorneys and firms in most cases. The defense attorneys, judges and the insurance companies who specialize in medical malpractice know which attorneys are capable of trying these cases and which firms have the resources to fund these cases all the way to trial. Your best chance of getting a full and fair settlement for your claim is if you hire an experienced medical malpractice attorney to advocate for you and your family.

If you have question or want more information please call 202-335-0185 or email Ms. Bertram to learn more.

Many clients wonder how they know if they’ve been the victim, and here’s how you know; you come in and you speak to an experienced lawyer, many times we can tell you off the bat whether or not you have a case because we have years and years of experience doing this.

So many times, we’re able to tell you from the discussion we have and from the limited records you might have already obtained. But what we also promise is that we’ll send it out to board-certified experts, who will look at it independently and then give us a medical opinion that then we will share with you, and this is our promise to you: If you or a family member think they’ve been a victim of medical malpractice, you deserve answers to whether or not errors were made that shouldn’t have been made that caused harm and when you come to Bertram & Murphy we will get you answers.

If you have question or want more information please call 202-933-6639 or email Ms. Bertram to learn more.

A wrongful death suit is filed as a consequence of an injury inflicted on a person which resulted in his or her death, and the effect of loss that the death caused for the lives of the people who depended on him for support, both in financial and emotional aspects. Wrongful death typically occurs when there is a negligent situation, not when the defendant has intended to kill the spouse or other relative of the plaintiff(s). The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also hurt people who depended upon the deceased for financial or emotional support. The wrongful act may be a negligent or careless act such as careless driving, or a reckless act, or an intentional act such as a deliberate murder. Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

A wrongful death takes place when a person is killed because of the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members. Usually these cases are brought by surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will. Not all families set up an estate after the loss of a loved one. We recognize this. Ms. Bertram can help you set up the Estate if we decide the case has merit case.

The purpose of a wrongful death law is to allow compensation for the family or representatives of the estate for their financial and emotional losses. You may be able to recover damages for lost wages and benefits, the value of household services, and the loss of companionship, comfort, and care that your family endured. The attorneys at Bertram & Murphy will explore every avenue of recovery and fully advocate for you and your family so that you can begin the healing process and try to balance this terrible loss.

A criminal case can only be brought by the government or state. On the other hand, civil cases are brought in the name of individuals, not in the name of the state. In a criminal case, the prosecutor makes a case against the person accused of a crime, seeking prison time or another punishment. A civil case can be filed by anyone whose private rights or civil rights have allegedly been violated by another party. When a private party files a civil lawsuit for wrongful death, the party is seeking monetary damages, compensation for the loss suffered. A civil trial for wrongful death, therefore, is very different from a criminal trial for murder or manslaughter. Civil lawsuits for wrongful death are tried for money damages to balance the harms, not to put the defendant in prison. The burden of proof in criminal and civil cases is different. The prosecutor in a criminal case must meet a higher standard of proof than in a civil case. In criminal cases, the standard is “proof beyond a reasonable doubt.” In civil cases, the standard of proof is “by a preponderance of the evidence,” which essentially means “more likely than not,” or put another way, proof by 51% or more.

A survival statute allows the estate of an injured person to be compensated for that individual’s losses. Because the injured party has passed away, the survivors or beneficiaries pursue the law suit on the behalf of the deceased or the estate of the deceased. We recognize that not all families set up estates after the death of a family member. The attorneys at Bertram & Murphy can help with that process if the firm decides the case has merit.

The victim’s survivors are entitled to sue for monetary damages as a result of the improper conduct. The survivors who can file wrongful death usually must be appointed “representative” of the deceased’s estate. This is usually the victim’s spouse, children or parents. We recognize that not all families set up estates after the death of a family member. The lawyers at Bertram & Murphy can help with that process if the firm decides the case has merit.

If the person dies of the injuries that would have been the subject of the lawsuit, then the representative or heirs the lawsuit is converted into a wrongful death/survival act lawsuit; depending on the state, they may include the personal injury lawsuit, too. If the person who was injured dies of other causes, then the representative or heirs usually can file the personal injury lawsuit on behalf of the person’s estate. Each state treats the situation according to its own laws.

While a wrongful death award compensates the survivor, a pain and suffering award normally compensates the person who experienced the pain and suffering. Some states allow pain and suffering to be included in a wrongful death lawsuit; others do not. The pain and suffering must have been due to the injuries that eventually caused death, and the person who died must have been conscious enough to actually experience the pain and suffering.

Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family.

Determining how much the death of a loved one is worth is a critical aspect of any wrongful death claim. It is also the most difficult part of the claims to generalize. The amount depends on your very particular circumstances. The attorneys at Bertram & Murphy will be objective about your case and will not make a rash decision. Where you may be tempted, for instance, to go for a quick payout, we may counsel you that it is in your best interests to wait for a more appropriate offer. We are also used to dealing with insurance companies, and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount. At Bertram & Murphy, we work hard to reach full and fair settlements for our clients, as early in the litigation process as possible. If a trial becomes necessary, we can zealously represent you in court and work toward achieving the best possible jury verdict in your favor. In assessing the value of your claim, we will consider everything you have suffered as a result of the death of a loved one.

If you have question or want more information please call 202-803-5800 or email us to learn more.