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07 Feb, 2022 by Kathy
Today I learned that Brien had been successful in settling my personal injury lawsuit. My husband did all the work to choose Brien, out of dozens of well qualified attorneys he had researched. Having interacted with Brien for over two years now, I cannot think of one thing that he said or did that did not make complete sense to me. He was thorough, thoughtful, communicative, fair and in every way a top notch attorney. What stood out the most to me was his unwavering honesty. I would give him an A+ and would recommend him without reservation. If I ever have need of an attorney again, I would not hesitate to go back to Brien. He gives the legal profession the approbation that it deserves.
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14 Dec, 2017 by Anonymous
I hired the right guy. This case could have jeopardized my career. Mr. Roche provided me with expertise knowledge throughout the entire process. Without his guidance, I would have felt lost in the process and would not have received the judicial outcome that I did. He was able to meet with me the following day after I contacted him, within a week, and we hit the ground running. He was able to calm my fears and kept me organized throughout the entire process to get everything taken care of in a timely manner. Having a knowledgeable attorney with a calming demeanor navigate you through this process is very important and high recommend Mr. Roche to represent you! Thanks again, Brien!
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28 Mar, 2017 by Tonya
I have know Brien Roche since 1992. I worked for his firm as a legal secretary at that time. I went on to work for other lawyers and in other fields as well. When my husband and I decided to split I called Brien because my work experience with him in had shown me how diligent he was in making sure that his clients were well represented. He has an amazing legal mind, pays attention to details and all angles that may occur for strategy. His fees are very low and the representation is superb. I am thankful and grateful that I have had him in my corner. My divorce went smoothly and at very minimal cost to myself and my ex husband. We both own businesses and the divorce could have become a financial nightmare if fueled by a lawyer looking to line his own pockets. His skill set and his get it done and keep the fighting down approach were in our best interests were key in a potentially emotional and financially explosive situation. His level head helped resolve the matter in a manner that left our credit, finances and the stability of our 3 children intact. He is hands down the best kept secret in the Northern Virginia legal field. I would use him for any legal issue. Hire him! :-)
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29 Nov, 2020 by Carole
Jeff was referred to me by another attorney. He took my case, which was on on behalf of a family member who sustained an injury at a facility. Jeff's direction was spot on and his communication throughout the process was excellent. The results came out much better than I expected. A+ work!
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01 Jul, 2016 by Aneisa
Jeff and Barrett did an excellent job accomedating to my needs. It felt like a long process, but in the end they made sure I was taken care of. Car accident cases are no fun, but they did not provide me any stress. I am truly satisfied and will always recommend Downey.
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27 Jan, 2016 by Glen
Jeff is a first-rate attorney. He handled a complex fraud case for us that involved investor, as well as the State of Maryland fraud. Out of three attorneys, he was the only one that was able to discern key aspects of the case quickly. Jeff was able to bring the case to the attention of the attorney general. He is tenacious, thorough and highly competent. We fully recommend him.
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Questions? We have answers

What a Medical Malpractice Lawyer Can Do for You

A medical malpractice lawyer specializes in helping individuals who have been harmed due to the negligence or misconduct of healthcare professionals, such as doctors, nurses, or hospitals. These lawyers assist in cases where a healthcare provider deviates from the accepted standard of care, resulting in injury or death. Medical malpractice cases can involve misdiagnosis, surgical errors, medication mistakes, birth injuries, and other forms of medical negligence.

If you or a loved one has suffered harm due to improper medical treatment, a medical malpractice lawyer can help you understand your legal options, file a lawsuit, and pursue compensation for medical expenses, pain and suffering, lost wages, and other damages.

When Should I Hire a Medical Malpractice Lawyer?

Hiring a medical malpractice lawyer is essential if you’ve been seriously injured due to the negligence of a healthcare provider or institution. Situations where you should seek legal representation include:

  • Misdiagnosis or delayed diagnosis: If a doctor fails to diagnose or delays diagnosing a medical condition, leading to harm or progression of the illness.
  • Surgical errors: Harm resulting from surgical mistakes such as operating on the wrong site, leaving instruments inside the body, or performing unnecessary procedures.
  • Medication errors: Injuries caused by prescribing the wrong medication or dosage, or mistakes made by pharmacists in dispensing drugs.
  • Birth injuries: Injuries to a newborn due to medical negligence during labor and delivery, such as failing to perform a timely C-section or improper use of delivery instruments.
  • Anesthesia errors: Complications arising from improperly administered anesthesia, which can lead to serious injury or death.
  • Inadequate follow-up or aftercare: Suffering due to lack of proper monitoring or care after a medical procedure, leading to complications.
  • Hospital or nursing home negligence: Harm caused by the negligence of hospital staff, nurses, or administrators who failed to provide adequate care.

Medical malpractice cases are complex, and hiring a lawyer early can help ensure your rights are protected and your case is handled effectively.

What Does a Medical Malpractice Lawyer Do?

A medical malpractice lawyer provides various legal services to help injured patients hold negligent healthcare providers accountable. Their responsibilities include:

  • Evaluating your case: Reviewing medical records and consulting with experts to determine if you have a viable claim based on the standard of care and harm suffered.
  • Filing a lawsuit: Initiating legal action by filing a complaint against the responsible parties in the appropriate court.
  • Gathering evidence: Collecting medical records, expert testimonies, and other relevant evidence to build a strong case.
  • Negotiating with insurance companies: Working to secure a fair settlement that compensates you for your injuries without the need for a trial.
  • Litigating in court: Representing you during trial proceedings if a settlement cannot be reached, presenting evidence and arguing your case.
  • Calculating damages: Assessing the full extent of your losses, including medical expenses, lost income, pain and suffering, and future care needs.
  • Handling expert testimony: Coordinating with medical experts who can testify on how the standard of care was breached and how it led to your injuries.

How Are Medical Malpractice Lawyers Paid?

Most medical malpractice lawyers work on a contingency fee basis, which means they only get paid if they recover compensation for you. Key aspects of this payment structure include:

  • Contingency fee percentage: The lawyer's fee is typically between 25% and 40% of the settlement or award.
  • No upfront costs: You do not pay any legal fees unless the lawyer successfully recovers compensation on your behalf.
  • Case expenses: Costs for expert witnesses, medical record retrieval, and court fees may be deducted from your settlement or award in addition to the lawyer's fee.

Always discuss the fee arrangement during your initial consultation to understand your financial obligations.

How Much Does a Medical Malpractice Lawyer Cost?

The cost of hiring a medical malpractice lawyer is usually based on a contingency fee model. General estimates include:

  • Contingency fee: Lawyers typically charge between 25% and 40% of the total recovery amount.
  • Case expenses: Additional costs such as expert witness fees and court expenses can range from $5,000 to $50,000 or more, depending on the case complexity.

Ensure you receive a clear explanation of all potential fees and expenses before proceeding with your case.

Top Questions to Ask a Medical Malpractice Lawyer

Before hiring a medical malpractice lawyer, consider asking the following questions:

  1. What experience do you have with medical malpractice cases like mine?
    Confirm the lawyer has a successful track record with similar cases.
  2. How do you charge for your services?
    Understand the contingency fee percentage and any additional costs you may incur.
  3. What is the likelihood of success in my case?
    Seek an honest assessment of your case's strengths and potential challenges.
  4. How long will the process take?
    Get an estimate of the timeline for settling or taking the case to trial.
  5. Will you handle my case personally?
    Ensure you know who will be managing your case and their level of involvement.
  6. Have you worked with expert witnesses?
    Verify the lawyer's experience in collaborating with medical experts essential for your case.

How to Check the Credibility of a Medical Malpractice Lawyer

To ensure you're hiring a reputable lawyer, take the following steps:

  • Verify their bar status: Check with your state bar association for their license and any disciplinary actions.
  • Review their experience: Look for specialization in medical malpractice and a history of successful cases.
  • Read client reviews: Consult platforms like Avvo or Martindale-Hubbell for testimonials and ratings.
  • Ask for references: Request contact information of previous clients willing to discuss their experience.
  • Check professional affiliations: Membership in organizations like the American Association for Justice (AAJ) indicates a commitment to the field.

What Should I Prepare for My First Consultation?

To maximize the effectiveness of your initial meeting, bring the following:

  • Medical records: All documents related to your treatment and injury.
  • Evidence of harm: Photos, medical bills, and records of lost wages.
  • Communication records: Any correspondence with healthcare providers or institutions.
  • List of healthcare providers: Names and contact information of all involved medical personnel.
  • Questions for the lawyer: A prepared list to address all your concerns.
  • Timeline of events: A detailed chronology of your medical care and the issues encountered.

Being well-prepared helps the lawyer assess your case accurately and advise you on the best course of action.

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