When people in Baltimore seek medical treatment, whether it is from a doctor, nurse, dentist, or another medical professional, they expect to be provided quality care. Individuals place their faith in their healthcare providers to treat their conditions and those of their family members.
However, not every medical professional in Baltimore provides the level of care their patients expect or deserve. In the most unfortunate cases, negligent or poor care results in worsening symptoms, adverse medical complications, and even death.
When a healthcare provider harms a patient, instead of healing them, the injured person is entitled to seek monetary compensation through a personal injury or medical malpractice lawsuit.
Our Baltimore medical malpractice lawyers are dedicated to holding medical professionals accountable for their errors and the harm they cause.
If you or a loved one was the victim of medical malpractice, contact Rice Law at (410) 694-7291 to schedule a free consultation.
What Constitutes Medical Malpractice in Baltimore
Medical malpractice occurs when a patient is injured because a medical professional failed to exercise ordinary medical care and skills based upon the standard of care in his or her area of expertise.
In order for a medical malpractice case to succeed in Maryland, you must ask whether a healthcare professional acted as they were supposed to. Not all bad outcomes resulting from medical procedures and treatment constitute medical malpractice.
Rather, medical malpractice occurs when a doctor does not act in accordance with accepted practices in their field. For example, it is accepted that doctors should evaluate a patient’s allergies before prescribing medication. If a doctor fails to check a patient’s allergies and administers a medication to which the patient is allergic, the doctor may be guilty of medical malpractice.
Also, a common form of medical malpractice involves the failure to provide informed consent. Physicians are required to inform patients of the risks associated with any particular procedure or medication. Accordingly, healthcare professionals can be found guilty of medical malpractice for failing to notify their patients of potential complications associated with their treatment.
Assessing the validity of a medical malpractice claim can be complex. Victims should contact our Baltimore medical malpractice lawyers for assistance if they were injured because of a healthcare provider’s negligent behavior.
Major Hospitals in Baltimore
The Baltimore area is home to many several major hospitals. Unfortunately, these hospitals are common locations where medical malpractice occurs.
Our Baltimore medical malpractice lawyers can help victims of medical malpractice recover compensation after suffering injuries at any of the following hospitals:
- Johns Hopkins Hospital
1800 Orleans Street
Baltimore, MD, 21287 - Anne Arundel Medical Center
2001 Medical Parkway
Annapolis, MD, 21401 - University of Maryland Medical Center
22 S. Greene Street
Baltimore, MD, 21201 - MedStar Franklin Square Hospital Center
900 Franklin Square Drive
Baltimore, MD, 21237 - Sinai Hospital of Baltimore
201 W. Belvedere Avenue
Baltimore, MD, 21215
However, these are not the only hospitals where our team can handle cases from. Anyone who has been injured because of medical malpractice may contact our lawyers for guidance and support.
Common Types of Medical Malpractice in Baltimore, MD
Medical malpractice occurs in a variety of different ways. Our office handles many types of cases arising from the negligence of physicians, nurses, and hospitals.
Surgical Errors
Every surgical procedure has inherent risks. However, you could face life-altering complications when your surgeon or medical team makes an error or an oversight during the procedure.
One of the most common mistakes made during surgery is leaving surgical tools or sponges inside a patient. If left untreated, a left-behind instrument is liable to puncture a vital organ or cause an infection.
Surgeons also make errors during the procedure, including cutting or damaging a blood vessel or internal organ. In some situations, a surgeon will operate on the wrong body part.
If a patient’s vital signs are not adequately monitored during a surgical procedure, the surgical team could easily miss a drop in blood pressure or another catastrophic complication.
Post-Operative Care
After a surgical procedure, a patient often requires post-operative care and surveillance. If a patient’s symptoms and vital signs are not monitored regularly, they could develop a life-threatening infection or other complications due to the surgery.
Misdiagnosis
We rely on our doctors to diagnose and treat our medical conditions. When a doctor misdiagnoses a condition, a patient might not receive the necessary treatment. In some cases, a patient might receive treatment that makes their situation worse.
Some conditions could be fatal if not diagnosed. For example, if your doctor fails to diagnose a form of cancer, you might not be able to treat it once it is finally discovered.
Mistakes in diagnoses also occur during diagnostic tests. Doctors rely on other medical professionals to properly administer and interpret specific tests. When there are errors in the administration of a test or when reading the results, misdiagnosis is likely to happen.
Medication Mistakes
Medication is an essential part of medical treatment. However, harmful complications could occur when a patient is given a wrong prescription, or the medicine is administered improperly.
Some common errors include prescribing medication that harmfully interacts with medication the patient is already taking and administering or prescribing the incorrect dosage.
If you believe you are the victim of any of the above types of medical malpractice or any other medical error, contact our Baltimore personal injury attorney immediately.
Can I Bring a Claim for Medical Malpractice in Baltimore if I Failed to Follow My Doctor’s Instructions?
Some injured patients may wonder if they can bring a claim for medical malpractice in cases where they did not fully follow a doctor’s instructions. If failing to follow your doctor’s orders was the cause of your injuries, you will likely not be able to bring a claim for medical malpractice.
However, if failing to follow your doctor’s instructions had nothing to do with the harm you suffered, you may still pursue a medical malpractice claim. Our Baltimore medical malpractice lawyers can assess your case to determine if a failure to follow instructions will inhibit your ability to recover compensation.
How Much Does it Cost to Hire Medical Malpractice Attorneys in Baltimore?
Medical malpractice attorneys in Baltimore, Md, are paid on a contingency basis. This means that the lawyer or law firm’s fee is based on the success of your medical mistake claim.
Most medical malpractice attorneys charge either 33% or 40%, depending on your case’s path.
For example, if your case settles before a lawsuit is filed, the legal fee will be 33%. If a lawsuit is filed, then the fee increases to 40%.
But, if your case is unsuccessful and there is a verdict in favor of Defendant’s hospital, doctor, or other medical professionals, then you owe nothing to the lawyer.
It will not cost you a penny to start the claim process, and you will never be billed for the legal services during the claim process. This means you pay nothing out of pocket to seek damages for your medical claim in Baltimore.
What About Legal Experts for My Medical Malpractice Case?
Most if not all medical malpractice claims in Baltimore require experts. Experts are hired by your lawyer to evaluate your claim and to provide expert testimony if needed to the Judge or jury that will decide your case.
You must file a certificate of a qualified expert within 90 days of filing a medical malpractice claim in Baltimore. In this certificate, a qualified medical expert will swear under oath that they have assessed your claim and assert both of the following:
- The defendant’s healthcare professional did not meet the accepted medical standard of care when treating or diagnosing your injuries, and
- That failure to meet the accepted medical standard of care was the cause of your injuries.
Failure to file a certificate of a qualified expert can result in your claim being dismissed. However, you may ask the court to modify or waive the certificate requirement in some cases. Your request may be approved if you provide a good reason. Our Baltimore medical malpractice lawyers can help ask the court to modify or waive this certificate requirement if necessary.
Experienced medical malpractice attorneys know the best experts in the various medical fields and will be able to find someone that can explain why you were injured due to negligence or your doctor, hospital, or other medical providers.
Proving Negligence in a Baltimore Medical Malpractice Lawsuit
Like other personal injury lawsuits in Baltimore, medical malpractice claims are based on the legal doctrine of negligence.
However, doctors, hospitals, and other medical professionals will usually not admit they committed an unjustifiable error.
Our Baltimore medical mistake lawyers will have to prove that negligence occurred to prevail in a civil lawsuit.
To do this, our office will have to establish that your doctor, or the hospital, deviated from the accepted standard of medical care. Furthermore, the deviation must have caused your injury. You must have also suffered actual harm, such as adverse complications, more medical treatment, and physical pain.
Proving negligence in a medical malpractice case is challenging but not impossible. However, litigation is complicated and expensive.
Our office will require expert medical testimony from another qualified physician to establish that your care was substandard.
In fact, a medical malpractice claim in Maryland requires a certificate of merit from a qualified medical professional to move forward.
In addition to the expert testimony, our Baltimore medical malpractice lawyer will have to gather other evidence, such as medical records, background checks on your doctor and hospital, and documentation of your financial losses.
Common Injuries Caused by Medical Malpractice in Baltimore
When healthcare professionals act negligently, serious injuries can occur. The amount of monetary damages awarded in your case will depend on the type of injuries suffered. Our Baltimore medical malpractice lawyers can help recover damages related to any of the following injuries:
Overdoses
Hospitals must ensure they are prescribing patients the correct medications and correct dosages. If a patient is administered an improper dose, severe and even fatal injuries can occur. Healthcare professionals can be held liable for overdoses caused by administering an incorrect dose or prescribing improper medication.
Allergic Reactions
Furthermore, allergic reactions are also frequently caused by medical malpractice in Baltimore. Healthcare professionals should always check a patient’s allergies before prescribing medication. Our Baltimore medical malpractice lawyers can help recover compensation if you were prescribed a medication to which you were allergic.
Infections
Infections are another common injury caused by medical malpractice. Contamination and sterilization issues at hospitals can cause serious infections. For example, patients may suffer an infection if a surgeon’s tools have not been properly sterilized. Hospitals can be held liable for infections caused by a lack of sterilization.
Childbirth Injuries
Additionally, childbirth injuries can be caused by medical malpractice. Medical malpractice can occur at several stages throughout a mother’s pregnancy. Such issues can cause injury to either the child or the mother. The following are examples of medical malpractice that lead to childbirth injuries in Baltimore:
- Ordering an unnecessary Cesarean section
- Improper reaction to signals of fetal distress
- Improper use of forceps
- Improper handling of umbilical cord issues
Our experienced Baltimore medical malpractice attorneys can offer guidance and support if you or your child has suffered childbirth injuries because of a healthcare provider’s negligence.
Time Limits to File a Medical Malpractice Claim in Baltimore
Maryland law establishes that plaintiffs only have a certain amount of time to file their medical malpractice claims. The time limits to file a claim will depend on the circumstances of your case. The time limit to file is either:
- 5 years from the date that the malpractice incident occurred, or
- 3 years from the date that plaintiff discovered or reasonably should have discovered the injury.
Whichever of these time limits is exhausted first will be applied to your claim. Our experienced Baltimore medical malpractice lawyers can assess your case and explain how these time limits will apply to you.
You should avoid waiting to file a medical malpractice claim in Baltimore. First, important evidence can become more difficult to collect over time. Medical records can be lost and crucial details surrounding an accident can be forgotten.
Furthermore, there are numerous requirements claimants must satisfy when filing a medical malpractice claim. Plaintiffs must pay any required court fees, file in the correct court, serve all named defendants, attach any required supporting documents, and avoid filing a frivolous claim. Failing to meet any of these requirements could force you to re-file your case. Accordingly, you should file your medical malpractice claim as soon as possible to afford ample time to re-file if necessary.
Damages Available to Victims of Baltimore Medical Malpractice Claims
If you experienced an injury due to medical malpractice, you are entitled to financial compensation. the damages available in civil litigation usually fall into two categories: economic and non-economic damages.
Economic damages are the out-of-pocket expenses and financial losses associated with your injury. These include the cost of medical treatment, transportation to and from appointments, and any other costs associated with your care.
Additionally, you could recover any wages you lost or will lose in the future.
Non-economic damages are more challenging to calculate and include things such as emotional distress and mental anguish.
Pain and suffering fall under this category of damages as well. it is important to note that Maryland places a cap on the amount of non-economic damages a plaintiff could receive.
Because this amount is based on when the incident occurred, you should speak with our Baltimore, MD, medical malpractice lawyer to determine how the cap could impact your case.
Call Our Baltimore Medical Malpractice Lawyer for a Free Consultation
When trusted doctors, nurses, hospitals, or other healthcare providers make an unjustifiable error, patients could experience devastating or fatal complications.
Our medical malpractice lawyers in Baltimore, Md, are committed to fighting for the rights of those harmed because of preventable mistakes. If you or a loved one was a victim of medical malpractice, call Rice Law at (410) 694-7291 to schedule a free consultation.