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What is Considered Emergency Room Malpractice in Maryland?


When you go to the emergency room, you expect to be seen and treated appropriately. If there are problems during or after your visit, that might be because you were a victim of emergency room medical malpractice in Maryland.

Even in emergency room settings, medical professionals owe a duty of care to patients. This means that they must act with reasonable care and in accordance with current medical guidelines. Emergency room medical malpractice might take place any time a medical professional breaches this duty of care. Breaches in duty of care commonly include failing to diagnose a patient, failing to see a patient in a reasonable timeframe, and discharging a patient too soon. If you were the victim of emergency room medical malpractice in Maryland, contact our lawyers to learn more about your options for recovery. In all likelihood, you can file a medical malpractice lawsuit against the doctor or hospital responsible for your various damages.

You can get a free review of your case from our Maryland medical malpractice lawyers by calling Rice, Murtha & Psoras now at (410) 694-7291.

Common Examples of Emergency Room Malpractice in Maryland

Emergency rooms are chaotic places. That said, medical professionals in such environments still owe a duty of care to their patients despite the stress they might face. Breaching this duty of care is considered medical malpractice and might cause serious harm to victims in Maryland.

There are many ways a medical professional in an emergency room might act negligently, injuring a patient or worsening their condition. Some common examples of emergency room malpractice in Maryland include discharging a patient who should not be discharged, failing to monitor a patient in the emergency room, failure to properly diagnose a patient showing signs of a serious condition, delaying treatment, misreading test results, prescribing the wrong medication, and failing to evaluate a patient, among others.

For example, suppose you recently went to the emergency room because you were showing signs of an impending stroke. If the medical staff in the emergency room failed to see you in a timely manner or failed to identify the signs of the stroke and discharged you, only for you to have a stroke, the hospital could be negligent.

If you are unsure whether or not you were a victim of emergency room malpractice in Maryland, speak with our lawyers right away. We can review the facts of your case to determine if you have reason to sue a hospital or medical professional for negligence. The sooner you do this the better, as otherwise you might miss the deadline to sue.

What to Do if You Are a Victim of Emergency Room Malpractice in Maryland

In the unfortunate event that you were a victim of medical malpractice as an emergency room patient in Maryland, there are certain things you should do right away that can protect your future access to compensatory damages.

Begin by consulting with our Baltimore medical malpractice attorneys. We can learn more about your experience to determine if a medical professional might have acted negligently when treating you. If so, we can help you bring a claim for compensation against a negligent doctor or the hospital. According to Md. Code, Cts. & Jud. Proc. Art., § 5-109(a), medical malpractice lawsuits must be filed within five years of the date of injury or three years of the date of discovery, whichever comes first.

In order to file on time, we must build a case capable of proving fault. To do this, we will gather all medical records from your visit to the emergency room. We will also advise you to see a separate medical professional to assess your injuries if you were injured because of malpractice.

Tell our lawyers everything you remember about your experience in the emergency room. This might lead to additional information or evidence we can use to prove the defendant or defendant’s fault in your case in Maryland.

Compensation for Victims of Emergency Room Malpractice in Maryland

Compensation for victims of emergency room malpractice differs, depending on the case. We can assess the value of your claim by compiling proof of your economic and non-economic damages in Maryland.

Economic Damages

When patients go to the emergency room, it is typically because they are injured or ill and require immediate care. If they become victims of malpractice, they might need additional medical treatment. Costs from such treatment are compensable in medical malpractice lawsuits. You can also recover compensation for expenses related to your first visit to the emergency room. If malpractice has made you unable to work, you can get damages for your lost wages as well. As you receive bills or invoices related to your treatment, provide copies of them to our Pikesville medical malpractice lawyers so that we can present proof of your damages to the jury in your case.

Non-Economic Damages

Non-economic damages are assessed differently than economic damages. According to Md. Code, Cts. & Jud. Proc. Art., § 3-2A-09(b)(1), compensation for the pain and suffering of medical malpractice victims is currently capped at $890,000. This limit increases by $15,000 at the beginning of each year. Remember, this is the most you can recover in non-economic damages in Maryland, not the amount that is guaranteed to you. Because of that, you will have to prove that you have suffered emotional distress because of emergency room medical malpractice. Speaking with a mental health professional or providing a personal statement detailing your pain and suffering can aid in your recovery of non-economic damages. Generally, these damages are recoverable at trial and harder to recover in settlements. Depending on the level of negligence exhibited by the defendant in your case, you might be awarded punitive damages at trial as well.

Call Our Medical Malpractice Attorneys in Maryland Today

Call the Clinton, MD medical malpractice lawyers of Rice, Murtha & Psoras at (410) 694-7291 for help with your case.