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How Does A Medical Malpractice Case Proceed and What Should You Know?

Our DC malpractice law firm represents clients in Washington, D.C. and Maryland

At the Washington, D.C. law offices of Jack H. Olender & Associates, PC, we understand the devastation that follows a needless medical error. If a doctor, dentist or any healthcare provider makes a mistake, you and your family may find yourself unable to cope with the bills incurred to obtain appropriate medical care, therapy, rehabilitation, nursing and attendant care, handicapped housing, vans and other support you need. We have earned our reputation as The Malpractice Law Firm through persistent, effective representation of countless medical malpractice clients. We can help you, too.

I think my doctor did something wrong…what should I do?

The first thing you should do is make sure you’re no longer in danger — this goes for any personal injury you have, whether from malpractice or in the workplace. Once you’re no longer in danger, you can reach out to the experienced medical malpractice attorneys at Jack H. Olender & Associates, PC for an initial consultation. We do not charge a fee for the consultation — and since we work on contingency, we only get paid if we successfully obtain compensation for your injuries.

It is vitally important that you don’t wait too long to contact an attorney. In Washington, D.C., unless an exception applies (such as might apply in a birth injury case), you only have three years to bring a suit from the date you discovered the injury,. This is usually the date the malpractice occurred, but sometimes medical malpractice isn’t known for several years. On the date you know or should have known about the injury, however, the clock starts running.

In Maryland, the statute of limitations is a bit different. A person injured by medical malpractice has five years from the date the malpractice occurred or three years from the discovery of the injury, whichever is earlier, to bring the case.

What happens after the firm investigates the claim and determines that I can bring a suit?

If Jack H. Olender & Associates attorneys determine that your claim is actionable, we then begin gathering all the necessary medical records and obtain expert opinions from specialists willing to testify under oath. Both Maryland and Washington D.C. require that a Notice of Claim be filed making the defendants and the court aware of the suit — and that there must also be a reasonable basis for the lawsuit, set forth in either the notice of claim or expert reports. In D.C., we then wait 90 days before we can file the actual lawsuit. In Maryland, there is no waiting period, but we must also file expert reports and expert certifications and the case may be filed as soon as we do that.

After the filing of the lawsuit, if there is no prompt settlement, the court gives a scheduling order and “discovery” begins. This means the parties provide documents to one another, answer written interrogatories under oath and take “depositions”– oral questioning under oath of parties, fact witnesses and expert witnesses by the lawyers before a “court reporter” who produces a written (and usually electronic) transcript, plus video may be used. Then, under D.C. rules, a compulsory mediation is held to try to settle the case. In Maryland, mediation is usually held, but usually not compulsory. If not settled, a pretrial hearing before the judge is held and then the trial. Either side can file post-trial motions to seek a different result than the jury’s verdict, and either side can file an appeal to a higher court.

Let the Olender & Associates team help

We handle the highest stakes so you can focus on your family and your recovery. At Jack H. Olender & Associates, PC, we bring 200 combined years of experience recovering compensation and counseling on medical malpractice, cerebral palsy and injury law matters. The firm generally works on a contingent (percentage) fee arrangement, so clients pay no legal fees if money is not recovered on their behalf. Contact us for exceptional medical malpractice representation that can make a difference in your lawsuit and in your life. We practice in District of Columbia and Maryland courts.

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