Each year, medication errors injure numerous patients. However, someone is usually at fault when these mistakes occur.
Our lawyers can help determine how your medication error came about and hold the responsible party liable in a lawsuit. Most claims are against healthcare providers, so we must file a medical malpractice lawsuit. However, victims typically must go through arbitration before their lawsuits can proceed. We can help start the alternative dispute resolution process and arrange for a qualified expert to certify your case. If arbitration is unlikely to be successful, we can file a waiver to avoid arbitration. Fortunately, the arbitration decision is not final, meaning we can move to a lawsuit if the settlement does not cover your damages completely.
For a free, private case evaluation from our medication error lawyers, contact Rice Law today at (410) 694-7291.
When You Can File a Claim for a Medication Error in Germantown
How long you have to file a lawsuit depends on whether your claim is for medical malpractice or product liability. Our medication error lawyers can determine who is responsible for your injuries and the time limit to file under the statute of limitations. In either situation, the court will dismiss your case if it is not filed on time.
Medical Malpractice
The time limit for filing a medical malpractice claim against a healthcare provider is five years from the date the injury occurred, or three years from when you became aware of the mistake if you were not aware of it at the time it happened, whichever is sooner under Md. Code Cts. & Jud. Proc. Art., § 5-109(a).
However, you cannot claim delayed discovery if the error could have been discovered with reasonable diligence.
Children under the age of 11 will have the same time frame as mentioned above to file a malpractice lawsuit, but the clock will not start until they reach the age of 11, according to § 5-109(b).
In cases where a medication mistake by a healthcare provider has harmed a child older than 11 and younger than 16, the statute of limitations will begin running once they turn 16 under § 5-109(c)(2).
Product Liability
Under § 5–101, you typically have a three-year period from the date of your injury to file a product liability claim against a medication manufacturer or pharmacy.
The discovery rule could be argued if you found out about the medication error at a later time, but our team can help make that determination.
For children injured by the negligence of a pharmaceutical company or a pharmacist, the limitations period will be tolled until they turn 18 under § 5–201(a). After reaching the age of 18, they have three years to file a claim.
Meeting the “Certificate of Qualified Expert” Rule in a Germantown Medication Error Claim
When pursuing a medical malpractice claim, we must file a certificate of a qualified expert with the Health Care Alternative Dispute Resolution Office, according to § 3–2C–02. The certificate must be filed within 90 days after filing your case and explain, under oath, how the defendant deviated from the standard of care and how it caused your damages.
The court will dismiss a claim that is not supported by a certificate of a qualified expert. However, our team can help refile your claim since it will be dismissed without prejudice.
Every defendant named in your claim must also submit expert certificates and will be taken as not fighting liability if they do not.
Once we have gathered evidence and witness testimony during discovery, we will file another expert certificate that reflects the updated information.
The Mandatory Arbitration Process for Medication Error Cases in Germantown
After discovery and subsequent expert certificates are filed, your medical malpractice case will go to mandatory arbitration. There, a three-person arbitration panel will review the evidence and help negotiate a settlement.
However, the arbitration panel’s decision is non-binding, so we can proceed with your lawsuit if the results do not compensate you appropriately.
Under certain circumstances, we might be able to waive the arbitration and move straight to the lawsuit.
Economic and Non-Economic Damages You Can Recover for Medication Error Injuries in Germantown
Medication errors can cause several types of damages that our team can help you claim.
Economic Damages
Most victims need medical care after a medication error, often resulting in significant medical bills and out-of-pocket expenses to get treatment. If your medication error caused long-lasting injuries, we can help claim future medical expenses in your economic damages.
We can also help you claim lost wages if your medication error prevented you from working. You can also claim future lost earning potential if your ability to work is permanently affected.
Non-Economic Damages
We can help demonstrate how the medication error has impacted you both physically and emotionally. If you fall seriously ill from a medication mistake, you might experience considerable pain and suffering.
Additionally, medication errors often take a heavy toll on victims’ mental well-being, especially if they suffered serious harm. You can claim your loss in the enjoyment of life and mental health conditions you might have developed as non-economic damages.
Unfortunately, non-economic damages in medical malpractice claims are capped at $905,000 under § 3-2A-09. However, the cap increases by $15,000 each year.
Claiming Punitive Damages for Medication Errors in Germantown
Punitive damages are rarely awarded since they are reserved for punishing defendants, rather than compensating victims. However, the negligence that caused the medication error might rise to that level.
For instance, your doctor might not have bothered taking your medical history and prescribed a medication they would have known to be dangerous had they performed their duty. Or a pharmaceutical company might have lied about the ingredients in their medication or put it on the market without testing it.
However, proving punitive damages should be awarded can be difficult, as we need clear and convincing evidence that the defendant acted with willful disregard for other’s safety.
Contact Our Medication Error Lawyers in Germantown Now for Help
Call Rice Law at (410) 694-7291 for a free, confidential case review with our medication error attorneys.