Compensation for victims of emergency room malpractice in Maryland varies. Recovery will be based on the level of negligence exhibited by a negligent hospital or medical professional and the extent of a victim’s financial and emotional damages.
Victims of emergency room malpractice in Maryland can recover compensation for damages incurred due to a negligent party’s actions. This includes compensation for costs of initial emergency room visits, further medical care, and other non-medical expenses. Victims may also recover damages for any emotional and mental difficulties experienced following an act of medical malpractice. Maryland limits compensation for non-economic damages but not for economic or punitive damages. To recover compensation of any kind, victims must first meet the burden of proof and then present proof of their damages.
Call our Maryland medical malpractice attorneys at (410) 694-7291 and set up a free and confidential review of your case with Rice, Murtha & Psoras today.
Compensable Damages for Emergency Room Malpractice in Maryland
If you were the victim of medical malpractice during a recent emergency room visit, you might be able to recover compensation for damages related to negligent care by filing a lawsuit against an at-fault medical professional or hospital in Maryland. This includes compensation for the cost of the initial visit, further medical care, and other related expenses.
Cost of Initial Visit
Emergency room visits cost considerable amounts of money, especially for people without health insurance in Maryland. When you sue a negligent hospital in Maryland, you can recover damages related to your initial trip to the emergency room that resulted in negligent care from a doctor or other medical professional.
Cost of Additional Care
Often, people in Maryland visit the emergency room after a severe accident or after recognizing with serious health concerns. Emergency room malpractice might involve a doctor misdiagnosing a patient’s injuries or condition, leading to a worsened condition or subpar care. If malpractice requires you to seek further care for a worsened condition, those visits with other medical professionals should be compensated by the defendant in your lawsuit in Maryland.
Cost of Other Damages
Emergency room malpractice can cause additional damages to victims in Maryland outside of further medical care. Recovered damages might include compensation for time spent away from work, especially if you could have returned to your job sooner had it not been for the negligent care you received in an emergency room. Out-of-pocket expenses directly related to emergency room malpractice can also be compensable in a civil claim against a negligent hospital or doctor. As can other damages, such as pain and suffering, which victims often experience after receiving negligent care from emergency room medical professionals.
Limits on Compensation for Emergency Room Malpractice in Maryland
Maryland limits how much victims can recover in non-economic damages against negligent medical professionals. There are no limits on recovery for economic damages or punitive damages in Maryland.
Limits on Financial Damages
There is no cap on the amount of economic damages victims of emergency room malpractice can recover in Maryland. This means that your recovery for financial losses incurred directly because of a negligent party’s actions can reflect your actual losses. To ensure you recover appropriate financial damages, our Harford County medical malpractice attorneys will gather evidence of your economic losses, such as medical bills and records of lost wages, to act as proof of damages in your case against the defendant.
Limits on Emotional Damages
Maryland does impose a limitation on recovery of non-economic damages in all medical malpractice claims. Currently, the cap on emotional damages for victims of emergency room malpractice is $875,000. This limitation increases each year to account for inflation. To recover the most compensation possible in your case, you may be asked to testify about your personal emotional struggles following an act of malpractice, see a therapist, or keep a journal detailing your experiences.
Limits on Punitive Damages
If a hospital or medical professional was found to be grossly negligent when treating you in an emergency room, you may be able to recover significant punitive damages in Maryland. There is no limit on punitive damages for victims of emergency room malpractice.
How Can You Get the Most Compensation for Emergency Room Malpractice in Maryland?
In order to get the greatest compensation possible in your emergency room malpractice lawsuit, you must meet the burden of proof and provide proof of damages. Compensation is never guaranteed and requires considerable effort on behalf of a plaintiff in Maryland.
In all medical malpractice claims, plaintiffs must prove that it is more likely than not that a defendant caused damages. To do this, they must establish four crucial elements: duty, breach, causation, and damages. This can be achieved through evidence, which is important to gather immediately after a victim identifies malpractice.
A victim’s medical records are typically vital evidence in an emergency room malpractice claim. Your medical records can establish your condition prior to seeing the specific medical professional and illuminate why the course of action the medical professional took was incorrect.
Obtaining your medical records and getting witness statements from eyewitnesses or medical experts can help you prove fault and recover damages. Providing proof of the financial and emotional damages you have incurred will be essential regarding the amount of compensation you recover.
Victims may be more likely to recover greater damages when they sue a negligent hospital and go to court rather than settling and avoiding trial. This provides an opportunity for recovery of non-economic damages and punitive damages, which are generally unavailable in a settlement with a negligent hospital in Maryland. If you do not sue before the deadline, you will be unable to recover compensation of any kind through a medical malpractice lawsuit in Maryland.
File Your Emergency Room Malpractice Claim in Maryland Today
Call (410) 694-7291 to schedule a free evaluation of your case with the Baltimore medical malpractice attorneys at Rice, Murtha & Psoras today.