Clinton, MD Medical Malpractice Lawyer
We go to the hospital hoping to find relief, but some are not so fortunate. While it is not unusual for doctors to make mistakes, some are inexcusable. If a doctor’s negligence injured you, call our lawyers now.
A doctor’s negligence arises to the level of malpractice if another doctor in the same or similar situation would not have made such mistakes. Common examples include failures to inform patients, surgical errors, and misdiagnoses. You should speak to a lawyer and begin legal action as soon as possible. The statute of limitations allows potential plaintiffs only a few short years to get their claims into court. Your attorney can advise you on the damages in your case, including financial costs and serious emotional and psychological distress. Since the subject matter of your claims is highly technical and scientific, we will need your medical records and a medical expert to help explain your injuries to the court.
If you were injured in a hospital or doctor’s office, call our Clinton, MD medical malpractice attorneys at (410) 694-7291 and schedule a confidential, free review of your case with us at Rice, Murtha & Psoras.
How Do I Know if I Have a Medical Malpractice Claim in Clinton, MD
While it is not uncommon for medical treatment to not go as planned or even fail in some cases, this does not always constitute malpractice. Your situation might involve medical malpractice if your doctor provided negligent treatment that resulted in injuries.
Medical malpractice involves negligent care provided by a doctor that does not meet standards of care. The standard of care is often determined by how another reasonable doctor would have acted under similar circumstances. If another doctor would not have made the same mistakes, you might have been a victim of malpractice. Our medical malpractice lawyers can work with experts to help determine the standard of care in your case.
While medical malpractice might happen during all kinds of treatment, one common example is when a doctor fails to warn or advise a patient of certain risks of treatment. Many medical treatments carry dangerous risks if things go wrong. Uncomfortable side effects might also be possible. It is a doctor’s duty to warn patients of all the risks before they accept treatment.
Another common instance of malpractice involves surgical errors. While surgery is very difficult on a good day, certain mistakes cannot be tolerated. For example, if a surgeon leaves surgical tools inside a patient’s body, that patient might have a strong malpractice claim.
Making an accurate diagnosis is an important part of medical treatment. While incorrect diagnoses are not uncommon, they can be dangerous. It might not be until later that doctors realize the real diagnosis, but the patient’s health has declined too far by then. If the failure to properly diagnose the patient is due to treatment that did not meet standards of care, you might have a malpractice claim.
When You Should Begin a Case for Medical Malpractice in Clinton, MD
If you suspect you have a medical malpractice claim on your hands, it is best to speak with an attorney as soon as possible. According to Md. Code Cts. and Jud. Proc. § 5-109(a), potential plaintiffs have only 5 years from the date of the malpractice or 3 years from the date the malpractice is discovered, whichever is later, to file a claim. Although this might seem to be a long time, many people do not immediately realize the malpractice until later, losing precious time.
If the injured victim was younger than 11 when the malpractice occurred, the statute of limitation does not begin to run until the victim reaches the age of 11. This rule does not apply to people who sustained injuries to their reproductive system or cases involving foreign objects left inside the body. Instead, the statute of limitation begins when the plaintiff turns 16.
You can argue for more time to file under certain circumstances. For example, suppose the doctors who treated you tried to cover up their mistakes and mislead you about the negligent medical care they provided. In that case, you might toll the statute of limitations for fraudulent concealment.
Damages You Should Claim in Your Clinton, MD Medical Malpractice Case
Damages in medical malpractice cases are famous for being very high. When a doctor makes a mistake, the patient might suffer for the rest of their life. As such, damages should reflect the magnitude of the injuries and the toll they take on the patient.
Economic losses can be extremely high and often revolve around medical bills. First, we should account for the initial cost of the treatment where the malpractice occurred. If you were injured in a surgery gone wrong, you should not have to pay for that surgery. Next, we must account for the subsequent care costs necessary to correct the doctor’s mistakes. This might include additional surgeries, medication, and physical therapy.
For some, their injuries come with long-term complications. You might need some form of medical care for the rest of your life all because of a doctor’s mistake. We can help you estimate the cost of future medical care.
Non-economic damages can also be quite substantial. These damages account for the emotional and psychological trauma and distress that malpractice victims often experience. Many people who were harmed by medical malpractice report feeling deeply violated. Things like depression, panic attacks, and PTSD are not uncommon.
While non-economic injuries might be worth a lot of compensation, there are limits to how much a plaintiff may recover. Under Md. Code Cts. and Jud. Proc. § 3-2A-09(b), non-economic damages in medical malpractice cases may not exceed $875,000.
Where to Gather Evidence for a Medical Malpractice Case in Clinton, MD
Evidence will consist mostly of your medical record and experts who will review those records. In fact, we need a certificate from a qualified medical expert stating that you have a valid malpractice claim before your case gets to court.
Since medical records tend to be very technical and hard to decipher, we need medical experts to help us. These experts have the unique option of offering their opinion as to how the malpractice occurred and who might be responsible. As such, expert testimony may be the crux of your case.
Speak with Our Clinton, MD Medical Malpractice Lawyers About Your Injuries
If you were injured by a doctor’s mistake, call our Clinton, MD medical malpractice lawyers at (410) 694-7291 and make an appointment for a confidential, free evaluation of your case with us at Rice, Murtha & Psoras.