Cervical Cancer Litigation in Washington DC

Cervical cancer is a serious concern amongst women across the country. Fortunately, there has been a dramatic decrease in the number of women who are diagnosed with cervical cancer thanks in part to more accurate testing procedures such as the Pap smear.

However, because of the rise in effective screening and diagnostic tests, when a woman is diagnosed with cervical cancer, is misdiagnosed with cervical cancer, or has a delayed diagnosis, it is important to look at the doctor’s actions or inactions which may have led to the diagnosis.

Doctors are held to professional standards, and when a doctor breaches these standards and causes a patient to suffer an injury, they can be held liable for medical malpractice. Indeed, most cervical cancer litigation revolves around demonstrating that a doctor either was or was not negligent.

To demonstrate medical negligence the “plaintiff must prove ‘the applicable standard of care, a deviation from that standard by the defendant, and a causal relationship between that deviation and the plaintiff’s injury.'” Bruno v. Western Union Financial Servs., 973 A.2d 713 (D.C. 2009)

Cervical cancer litigation in Washington DC is inherently complex and each medical malpractice claim is unique and requires individualized attention. To learn how a lawyer could help guide you through cervical cancer litigation in Washington DC, contact an experienced cervical cancer attorney today.

Collecting Evidence to Support a Medical Malpractice Claim

One of the first steps in any cervical cancer litigation in Washington DC is to collect evidence. A sound cervical cancer litigation strategy, therefore, may begin by collecting evidence to support a claim. Evidence in cervical cancer litigation will include gathering medical records including diagnostic reports and physician notes. However, it may also require collecting statements and conducting interviews. Collecting evidence is an important part of cervical cancer litigation in Washington DC because the individual who files the claim will have the burden of proving each of the elements of medical malpractice.

Filing a Notice for a Cervical Cancer Lawsuit

Before filing a medical malpractice lawsuit because of cervical cancer, a person is required to notify the healthcare provider of their intention to file a lawsuit. Pursuant to D.C. Code § 16–2802(a),(b), a person must inform their healthcare provider 90 days prior to filing a lawsuit in court. As part of this notice, a person must include information that informs the healthcare provider of the legal basis for the claim, as well as the type and extent of their losses and injuries.

Attending Court Ordered Mediation

After a person has properly notified a healthcare provider and has filed an action in court, the court requires that the case be sent to mediation prior to being heard in court. D.C. Code § 16–2821. This offers an opportunity for the parties to settle outside the courtroom. During mediation, a seasoned medical malpractice lawyer could leverage their experience and execute litigation strategies to help prove medical malpractice.

The Trial for Cervical Cancer Litigation

Often parties are able to reach a mutually beneficial agreement prior to the actual trial. However, in many cases, the doctor and their insurance provider may not negotiate in good faith, and this requires the litigation process to move forward. During the trial, each side will have the opportunity to present their case.

However, it is important to emphasize that the filing party has the burden of proof. To prove the elements of a cervical cancer medical malpractice case, a medical malpractice lawyer will present witnesses, introduce exhibits such as pictures, and cross-examine witnesses to point out inconsistencies.

Talk to an Attorney About DC Cervical Cancer Litigation

Deciding to pursue cervical cancer litigation in Washington DC requires exacting attention to detail and a thorough understanding of the filing and litigation requirements. If you or a loved one are considering filing a medical malpractice lawsuit because of a cervical cancer diagnosis, consider speaking with a medical malpractice lawyer. Let a compassionate attorney help you recover the compensation that you deserve.

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