the law offices of joel m finkelstein

Frequently Asked Questions about Medical Malpractice in Washington, D.C. and Maryland


Common Questions about Medical Malpractice

The Law Offices of Joel Finkelstein wants clients to be well-informed. Below are some common questions often asked by clients throughout the Metro D.C. area.  Please do not hesitate to contact Attorney Finkelstein for further information.

Can I sue for medical malpractice?

Either a patient injured due to medical negligence or the patient's family can file suit. When someone dies as a result of medical negligence, the patient's family may sue for wrongful death.

How long do I have to bring suit?

There is a three-year statute of limitations in medical negligence cases in Washington, DC and five years in Maryland. Generally, this means that the lawsuit must be brought within three or five years from the time the patient or his representatives knew or should have known that the injury occurred as a result of medical malpractice.

Because statute of limitations rules change and can be complex, you should consult with an attorney immediately if you think you have a medical negligence action.

How common is medical negligence?

Harvard University studies estimate deaths as a result of medical negligence are as high as 98,000 per year. Very few patients who are injured by physician negligence actually sue.

Can you guarantee you will win my case?

Each case must be evaluated on its merits. Many factors go into case evaluation, including whether the doctor’s negligence is clear, how difficult your damages are to prove, the types of witnesses you have, the court in which the case will be heard, the complexity of legal issues, and the competence of your attorneys. We do not take cases that we do not believe we can win.

How will you prove my case?

The law firm must establish all of the following through evidence:
  • The defendant was negligent
  • The negligence caused the injuries
  • The plaintiff suffered damages as a result.
The firm almost always uses expert testimony to prove medical negligence.

How long does a medical malpractice case take?

It could take up to three years to conclude a medical negligence case. Most medical negligence cases ultimately settle out of court. If your case goes to trial and you win, the defendant has the right to appeal, which lengthens the process.

What areas do you serve?

The firm serves the Washington, DC metropolitan area, including the District of Columbia & Maryland (inc. Montgomery County, Calvert County, Charles County, Frederick County, and Prince George's County. Additionally, Mr. Finkelstein has had tremendous success pursuing cases in Virginia by working with local counsel in that state.

How do you get paid?

The firm handles medical malpractice cases on a contingency fee basis. We do not get paid until you receive a settlement or jury verdict award. We offer a FREE, no-obligation consultation.

Contact the Law Offices of Joel Finkelstein in Washington, DC to see how an attorney with nearly five decades of injury law experience can help. The initial consultation is free. If Mr. Finkelstein takes your case, you pay fees only if he recovers money for you.

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