When you seek medical care, the last thing you expect is to suffer from injuries or worse from your treatment. The law requires healthcare professionals to provide you with treatment that reaches a specific standard or standard of care, and failing to do so could make them susceptible to medical malpractice lawsuits.
Medical malpractice comes in many forms. Doctors might misdiagnose patients, nurses might administer the wrong dosage of medication, or surgeons might leave foreign objects behind during surgery, causing life-threatening infections. Filing lawsuits against negligent health care professionals or hospitals typically entails many complicated steps that our lawyers can help you navigate. We can monitor your damages, file your lawsuit on time, and fight for your fair recovery after suffering injuries from medical negligence.
For a free review of your case from our medical malpractice attorneys, call Rice, Murtha & Psoras at (410) 694-7291.
How Does Maryland Define Medical Malpractice?
Medical malpractice refers to a healthcare professional’s failure to provide the care and exercise the skills that other healthcare professionals would use in similar situations. In short, it means that a doctor has breached their duty of care and injured you, making them liable for your damages.
Maryland allows victims to hold medical professionals accountable when they fail to adhere to appropriate standards of care through medical malpractice lawsuits. This failure to provide appropriate standards of care can apply to general practitioners and specialists alike, to nurses and therapists, and nearly any other healthcare provider or facility.
You might have a medical malpractice case in Maryland if the healthcare professional that treated you violated the standard of care. Standard of care is the generally accepted procedures and practices used by medical professionals when treating a particular disease or disorder.
You might not identify malpractice immediately, only for you to notice complications down the line, and our lawyers can help you trace your injuries back to poor treatment from a healthcare professional to confirm whether you have a cause of action.
When medical errors occur, the consequences are often long-lasting and impinge on the affected patient’s physical and emotional health, financial well-being, and family relationships. Not only might they need additional medical care to address mistreatment, but injuries from malpractice might lead to other damages, like lost wages, while victims recover.
How to Prove Negligence in Maryland Medical Malpractice Lawsuits
Negligence refers to a lack of care due to inattentiveness, lack of care, or violating the general standard of care for the situation. In medical malpractice cases, our lawyers must prove negligence by showing how doctors breached the standard of care for medical professionals, resulting directly in physical, emotional, or mental harm suffered by the patient.
Medical malpractice claims are based on the legal theory of negligence, which is the failure to exercise adequate care toward another that a reasonable or prudent person would exercise in a similar situation. In the case of medical malpractice, this negligence can involve an act or omission.
To reach the level of medical malpractice, this diversion from the accepted standard of medical care must be shown to be the direct cause of the harm suffered by the patient. To prevail in a medical malpractice claim, in other words, you – as the injured patient – must be able to demonstrate four distinct elements. These include proving that the doctor owed you a duty of care, the doctor breached the duty of care owed to you, the doctor’s breach directly caused your injuries, and, as a result, you suffered a measurable injury that required verifiable medical treatment and resulted in expenses. Our lawyers can achieve this using a combination of evidence, such as your medical records, physicians’ notes, and witness statements.
Causes of Action for Medical Malpractice Lawsuits in Maryland
Our lawyers recognize that while every medical malpractice case is unique, there are some injuries and medical errors that we commonly see and help victims recover damages for, including birth injuries, complications due to misdiagnosis, surgical errors, prescription medication errors, and medical record errors, among others.
Birth Injuries
During childbirth, babies are extremely vulnerable to physical injuries as well as any risks that could cut off the flow of oxygen to their brains. If a doctor fails to screen for complications or risks, the child’s life could be put in danger.
Mistakes in applying force with forceps, failing to perform an emergency C-section and other problems could all lead to issues like nerve damage or conditions like cerebral palsy. There is also the chance of severe injuries to the mother, such as complications involving severe maternal hemorrhage.
Failed and Delayed Diagnosis
Failing to diagnose a condition can lead to further harm. If the doctor misses the patient’s symptoms and fails to get them the proper treatment, their condition will often worsen. In emergencies, failing to diagnose something like a stroke or a heart attack could mean sending a patient home when they need immediate medical care, putting their life at risk.
Failing to catch a severe disease or disorder like cancer could also mean a risk of harm or worsening conditions that could have otherwise been caught early and treated quickly. In such situations, our lawyers would need access to your medical records to confirm the treating physician’s actions and if they performed the appropriate tests or failed to catch obvious warning signs of a serious condition.
Misdiagnosis
A delayed diagnosis is a big problem, but a misdiagnosis could cause even worse complications and more expensive damages for patients in Maryland. While the same effects from a failed or delayed diagnosis are present with a misdiagnosis, you might also begin receiving treatment for the wrong condition if your doctor misdiagnoses you.
This can be extremely dangerous when it comes to cancer treatment involving radiation therapy, chemotherapy, or other intensive therapies. Any unnecessary surgeries or medication can cause risks and side effects that you should not have faced if you were misdiagnosed.
Hospital Errors
In addition to an individual doctor, the hospital at large is responsible for much of your medical care and the coordination of your treatment. From the safety and cleanliness of your hospital room to the day-to-day nursing care, bathing, and treatment you receive, the hospital is responsible for any mix-ups or mistakes that lead to injuries or infections. Many of the mistakes that constitute “hospital errors” would also fall under other categories of medical malpractice listed here, enabling victims to file lawsuits for compensatory damages in Maryland.
Defective Medical Equipment
If you receive a medical implant or your doctor uses defective tools while treating you, the doctor could be responsible for damages or injuries you suffer. In many cases, the medical device manufacturer could also be liable for putting a defective product on the market. Many people face injuries from defective pelvic mesh, joint replacements, pacemakers, defibrillators, and other materials used during surgery or rehabilitation, so talk to our medical malpractice attorneys about whom to sue and how your case should proceed if you were injured by defective medical equipment.
Emergency Room Errors
In the emergency room of any hospital, there are often chaotic moments where nurses and hospital staff work to triage patients by severity and get help to those who need it most before those who can wait to be seen.
There is also a level of urgency that often means mistakes are made. If at any point the care you receive dips below the expected quality or you are not treated when you need to be, you could be entitled to sue the hospital for its mistakes.
Surgical Errors
Slip-ups and mistakes in the operating room can leave patients with long-term effects and consequences that could alter their lives. Nicking an artery could turn a routine procedure into an emergency; nicking a nerve could mean the patient loses feeling and control of a body part. Other surgical errors are more severe, such as performing the wrong procedure on the wrong patient. Surgical errors may have to be addressed with additional surgeries, creating more expensive medical damages and mental anguish for victims, increasing the importance of seeking compensation through a lawsuit.
Prescription Medication Errors
When your doctor prescribes you medication, they should take care to make sure that the side effects are reasonable for you, that you are not allergic to the drug, that the drug does not interfere with other medication you take, and that the drug addresses your condition appropriately. Mistakes and errors in prescribing medication can often constitute medical malpractice, as patients might not get properly treated while taking the medication, worsening their conditions.
Failure to Properly Treat Conditions
If your doctor’s care does not meet the “standard of care” they should provide, you could be entitled to sue for malpractice. While the doctor’s care does not need to be the best care ever or reach some unattainable standard of perfection, you expect that the care will at least be helpful and that it will conform to standard medical practices to help with your condition. Anything less could constitute malpractice, and our lawyers can confirm whether you have a cause of action when reviewing your case.
Post-Surgical Infections and Hospital-Acquired Infections
Infections at a hospital are quite common, but that does not always mean that they should be allowed. Many doctors and medical professionals have a standard practice of prescribing prophylactic antibiotics after surgery to prevent infection.
Hospital rooms should also be clean, dressings and bandages should be changed, and surgical sites and wounds should be cleaned, all to prevent infection. Mistakes leading to infection could constitute negligence, and infections could be particularly costly and detrimental if not quickly addressed.
Anesthesia Errors
When an anesthesiologist or nurse anesthetist puts you under for a procedure, you should not feel the procedure, and you certainly should not wake up during the procedure. You should also be able to wake back up after the procedure. Any mistakes leading to permanent numbness, coma, overdose, feeling during a procedure, or alertness during a procedure could cause severe consequences for patients that they can seek compensation for by filing medical malpractice lawsuits.
Failure to Inform Patients of Risks
Patients must give informed consent before undergoing any procedure. If a patient does not understand the risks of the procedure they are about to undergo and does not consent to face those specific risks, their consent could be invalid.
If the doctor or other medical professional does not have consent to perform a procedure, the procedure is no better than battery or assault. You can talk to our lawyers about what information you were provided before undergoing treatment for help understanding whether it was sufficient or not, especially if you experienced side effects you were not prepared for.
Medical Record Errors
When doctors and hospital workers mix up records or fail to record information on charts or medical records properly, mistakes can happen that put patients at serious risk.
For example, nurses could administer medication to the wrong patients if there is a chart mix-up. They could even end up taking the wrong patient for a procedure or testing if they do not properly identify the correct patient through their chart.
Further, failing to chart medication or procedures could mean that the patient ends up taking double the dosage of a medication or undergoes the same testing or treatment twice. These kinds of mistakes are not necessarily dangerous in all cases, but they could at least lead to expensive double-billing and wasted time, as well as medical complications.
Any of these mistakes can lead to serious physical and emotional consequences for the patient. When facing significant medical procedures or treatments, you are especially vulnerable. When you become the victim of medical malpractice during those procedures or treatments, it can lead to devastating results that our lawyers can help you seek justice for.
Statute of Limitations for Filing a Medical Malpractice Lawsuit in Maryland
Patients only have a certain amount of time to file their malpractice lawsuit before it becomes invalid in a Maryland court of law. We can identify your filing deadline based on the date of discovery or act of injury and start preparing your case right away so you do not miss the statute of limitations.
To file a medical malpractice lawsuit in the state of Maryland, a patient has to file the earlier of five years from the date the malpractice or injury occurred or three years from the date the malpractice injury or error was discovered, according to Md. Code, Cts. & Jud. Proc. Art., § 5-109(a).
Other time limitations and considerations may affect whether your medical malpractice claim is valid in Maryland. These extra limitations and details can be complex and based on a number of factors, which we can explain if applicable. A personal injury lawyer with experience in medical malpractice law will be able to help you determine whether it is too late to bring a malpractice case to court.
Who Can You Sue in a Medical Malpractice Suit in Maryland?
Victims of medical malpractice in Maryland can sue any healthcare professional that caused injury or death to a patient by failing to provide the care and skill that is expected – this can include doctors, nurses, hospitals, and more.
For example, nurses, technicians, anesthesiologists, aids or assistants, hospitals, physical therapists, surgeons, specialists, nursing homes, healthcare companies, and HMOs might share liability for medical malpractice in some capacity. Identifying all negligent parties will be important so that our attorneys can maximize victims’ recoveries.
Is Arbitration Mandatory Before Suing for Medical Malpractice in Maryland?
Before filing a medical malpractice lawsuit against a medical provider in Maryland, a formal process needs to be followed. Under the Maryland Health Care Malpractice Claims Statute, parties must participate in a mandatory arbitration process before victims may formally file lawsuits in court.
This means that we will first submit a claim to the Maryland Health Care Alternative Dispute Resolution Office with a certificate of merit (verifying the veracity of your claim) from a qualified medical expert.
This process verifies that the healthcare provider you plan to sue breached accepted healthcare standards and that this breach caused your injury, pain, and suffering. Our attorneys can guide you through every step of this process to protect your rights.
Fortunately for victims of medical malpractice in Maryland, parties can waive arbitration, according to § 3-2A-06A(a). Victims can also reject awards given during arbitration if they think they stand to get more compensation at a trial, and our lawyers can help you navigate these and other complex aspects of medical malpractice claims.
Getting Certificate of Merit by a Qualified Medical Expert for Your Maryland Medical Malpractice Case
To substantiate your medical malpractice claim, an expert witness generally must testify that the act constituted malpractice. Under § 3-2A-02(c)(2)(ii), expert witnesses for a medical malpractice claim must have certain qualifications.
These include having clinical experience in the medical subject of your malpractice claim, providing medical consultation related to that clinical experience, and teaching in the medical field in which the defendant specializes, in a related medical field, or in the field in which the defendant treated you as a patient within five years of the alleged malpractice.
In some cases, the expert witness must be board-certified in the medical area of relevance. Our attorneys can ensure your certificate of merit comes from a qualified medical expert and is sent within 90 days of submitting a claim to the Maryland Health Care Alternative Dispute Resolution Office so your case can continue.
The Role of Informed Consent Forms in Maryland Medical Malpractice Lawsuits
One of the most difficult barriers to overcome in any medical malpractice case is that every patient accepts some degree of risk in receiving medical treatment. Although medical science continues to make incredible advancements, human error can never be eradicated. As a patient, you accept risk, but if a healthcare provider departs from the established standards of care while treating you, you can hold that medical professional accountable in a medical malpractice claim.
Before medical procedures, a patient will typically be required to sign an informed consent document. This document is to state that the doctor or medical provider has discussed the risks of a given procedure, and the patient understands the risk associated.
Even if you signed one of these documents, it is still possible to sue a medical provider if they did not perform their duties in adherence to the acceptable standard of care for the procedure or if they pressured you into signing an informed consent document.
Just because a medical procedure is not successful does not automatically make it eligible for a medical malpractice claim. Our attorneys will be able to help you determine the validity of your medical malpractice claim after reviewing the doctor’s actions, your subsequent complications, and any other evidence we can find.
What to Bring to Your Consultation with Our Medical Malpractice Lawyers in Maryland
Maryland medical malpractice cases are highly complex, and a good lawyer will want to know everything they can about your situation before deciding whether or not you have a winning case. To make sure your lawyer has the information they need to best advise you about your rights and options in a medical malpractice case, you can bring certain materials to your initial consultation.
A Summary of Your Medical History
When you go to your initial case evaluation with our lawyers, you do not have to have your complete medical record on hand. However, do be able to provide a summary of your health before the event and your condition since the event. We will also need a summary of the nature of the event itself and any treatments you have gone through to correct the situation. Also, be prepared to provide contact information for any medical professionals who are currently treating you or who have treated you since the event, and a list of prescription medications you are currently taking.
After taking on your case, our lawyers can help obtain hard-to-get medical records and notes from liable doctors and hospitals and ensure you get the appropriate treatment from other qualified medical professionals to address your injuries. Monitoring your physical recovery from medical malpractice is just as important, and our attorneys can prioritize this during your case.
All Medical Bills Related to the Event
When consulting with your lawyers, explain the financial consequences you have experienced from medical malpractice. This includes bills you have paid yourself and ones covered by your insurance company. This information can give us a good idea of your initial damages from a doctor’s negligence, though we will also factor in other losses, like lost wages, if you cannot work while physically recovering.
Any Correspondence Regarding the Event
Keep any correspondence between you and the liable hospital or your insurance company regarding the visit to the doctor or your injuries. This will help the lawyer determine how the insurance company is willing to handle the claim moving forward, like how correspondence with the liable hospital might reveal that it has accepted fault for your injuries in some capacity.
Other Potential Items of Evidence
You can also bring other potential items of evidence to help our lawyers evaluate your case. Do you have emails from a doctor or hospital? X-rays or medical reports that support your claim of injury? Photographs or videos that show the patient before, during and after the injury occurred are also critical.
Your consultation with our medical malpractice attorneys is your opportunity to get to know our firm, decide if you feel comfortable moving forward, and get an honest evaluation of any damages you may be entitled to as a result of your medical malpractice case. Do not hesitate to ask questions or contact us even if you are unsure if you have a cause of action. Even when making a mistake or being negligent, doctors might act with confidence, leaving patients to assume they acted appropriately, even if they did not. In these situations, it often benefits victims to approach our lawyers and have them investigate their cases further, as pinpointing a doctor or hospital’s liability for your damages could help you recover them.
Call Our Maryland Medical Malpractice Attorneys for Help with Your Case
For a free assessment of your case from our medical malpractice attorneys, call Rice, Murtha & Psoras at (410) 694-7291.