Essex, MD Medical Malpractice Lawyer

Medical professionals are supposed to heal our injuries, not make them worse. Unfortunately, medical treatment can be a bit unpredictable, and effective treatment is not guaranteed. In some cases, treatment fails or makes injuries worse because of medical negligence.

Damages in medical malpractice cases are known for how large they can be. Injuries, treatment costs, and future expenses must all be considered. Medical malpractice can be hard to identify since it might take many forms. It might consist of a doctor’s failure to advise you of the dangers of treatment, surgical errors, or medication mismanagement, just to name a few examples. In any case, we need evidence. This might primarily consist of medical records and testimony from medical experts. It is best to speak to a lawyer soon, as the deadline to submit your case might be drawing near. The deadline varies based on numerous factors and circumstances surrounding your case.

Get a free review of your case by calling (410) 694-7291 and talking to our medical malpractice lawyers at Rice, Murtha & Psoras.

Damages Recoverable in Essex, MD Medical Malpractice Cases

Your damages in a medical malpractice claim should reflect the pain and suffering you have had to go through in addition to the various financial costs of medical care, current and future. While these damages may be quite substantial, they are not unlimited. Our medical malpractice attorneys can advise you on what damages you can claim and how much they are worth.

Non-Economic Damages

One of the biggest sources of damages in medical malpractice cases is non-economic damages. These are damages based on subjective painful experiences rather than money or economic costs. For example, many victims of medical malpractice feel immensely violated by their doctor’s negligent behavior. Psychological trauma is a common experience, and many deal with intense physical pain from their injuries on top of everything else.

Under Md. Code Cts. and Jud. Proc. Art. § 3-2A-09(b)(1)(ii), there is a statutory cap on how much non-economic damages may be worth in a medical malpractice case. Under the law, non-economic damages in medical malpractice cases may not exceed $890,000 as of 2024. If your non-economic damages exceed this limit, the judge may intervene and reduce your damages to the statutory maximum limit allowed.

Economic Damages

Economic damages are based on the money you spend because of your injuries. For many plaintiffs, this includes the cost of the negligent medical care that initially caused their injuries in addition to subsequent medical care to correct the previous doctor’s mistakes. Healthcare is expensive as it is, and you might end up claiming several years’ worth of medical care.

Many plaintiffs cannot return to work while recovering from their injuries. Some are so badly hurt they cannot work indefinitely. In that case, you can claim the loss of your income. This may include income you have lost since you were injured and income you will continue to lose in the future after the case is over.

What Does Medical Malpractice Look Like in Essex, MD?

Determining whether medical malpractice has occurred is not always easy. Many plaintiffs do not realize they were the victims of medical malpractice until weeks, months, or years later. Generally, medical malpractice can be described as a doctor’s failure to meet standards of care. The fact that treatment did not work as you had hoped does not necessarily indicate malpractice; the doctor’s care must fall below the minimum standards of what your care should be.

One common example of medical malpractice is a doctor’s failure to advise or warn a patient of the risks of treatment. Many treatments have risks or side effects, and doctors must inform you about them. If they do not and you suffer from bad side effects, you might be able to sue your doctor for malpractice. You must be advised of all possible risks to make an informed decision about your healthcare.

Surgical errors are another common example of medical malpractice. Perhaps one of the more widely known examples is foreign objects left inside the patient’s body. This might include surgical tools or equipment the surgeon was supposed to remove before closing up the patient. People often experience severe complications and pain when a foreign object is left inside them.

You might also have a medical malpractice claim on your hands if your doctor mismanaged your medication. This might involve prescribing the incorrect type of medicine or the incorrect dosage, leading to terrible side effects.

Using Evidence to Prove Your Medical Malpractice Claims in Essex, MD

We need as much evidence as possible to build up your claims. Most of our evidence will probably come from your medical records and medical history. Since you have a right to access your own medical records, we should have little problem obtaining official copies from your doctors. Your records might be extensive, depending on how long you received treatment.

Your medical records are of no use to us if we do not have a medical expert who can understand and review them. Our medical expert can use the information in your records to determine how your injuries occurred and whether medical malpractice is to blame. We should also have our expert testify about their findings in court.

More importantly, we need a medical expert who can explain the standard of care in your case and how the defendant’s treatment fell below this standard.

How Much Time You Have to File a Medical Malpractice Case in Essex, MD

Under Md. Code Cts. and Jud. Proc. § § 5-109, an adult victim of medical malpractice has no more than 5 years starting from the day of the malpractice or 3 years starting from the discovery of the malpractice, whichever is earlier.

The deadline for kids may be different, depending on how young they were when the medical malpractice happened. If the child is under 11 when the negligent medical care occurs, the deadline does not begin until they reach 11 years of age. If the child suffered harm to their reproductive organs or system or experienced a foreign object left in their body after surgery, the deadline does not start to run until the child is 16.

Call Our Essex, MD Medical Malpractice Lawyers for Support Now

Get a free review of your case by calling (410) 694-7291 and talking to our medical malpractice lawyers at Rice, Murtha & Psoras.