Woodlawn, MD Medical Malpractice Lawyer

Contact an attorney immediately if you were injured because of a doctor’s careless mistakes. You might be entitled to damages for medical malpractice-related injuries.

Determining your medical malpractice case deadline might be more difficult than you initially think. The statute of limitations varies based on your age and when you realize you have been the victim of medical malpractice. Evidence to back up your claims will likely consist primarily of your medical records from the negligent treatment. We should also have a medical expert review your records and testify about your injuries in court. Your attorney can get you in touch with a qualified medical expert to help your case, file your case on time, and assemble the evidence necessary to get you fair compensation. Damages might be quite high, especially if your injuries have left you with painful medical complications and debilitating psychological trauma.

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

When You Must File a Lawsuit for Medical Malpractice in Woodlawn, MD

Like most civil lawsuits, a claim for medical malpractice must be filed by a specific deadline. Exactly when this deadline begins to run and when it expires depends on various factors surrounding your case. Those who were very young when the malpractice occurred tend to have longer deadlines. Also, the deadline does not always begin when the malpractice takes place. For some, it begins when the victim realizes the malpractice.

Deadlines for Adults

The deadline for people who were adults when they were injured by medical negligence is described under Md. Code Cts. and Jud. Proc. Art. § 5-109(a). Generally, the deadline to file your case begins on the day the malpractice occurs, and you have 5 years to file the case. However, the discovery rule might change when this deadline takes effect.

While you have no longer than 5 years to file your case, you have 3 years from the date the injury is discovered if you do not realize the injuries immediately. For example, if you discover your injuries and the malpractice 1 year after treatment, you have 3 years to file, giving you a total of 4 years from the date of the injury.

If you discover the injuries 2 years after the malpractice occurred, you still have 3 years from the date of discovery to file a case, giving a total of 5 years to file, the maximum time allowed.

If you discovered the injuries 4 years after the malpractice occurred, the statute of limitations provides you only 1 year from the date of discovery to file the case, using the 5-year cutoff.

Many people do not realize the injuries until later. For example, a surgeon might have performed a surgery negligently, but you might not realize it for weeks or even months. Many people do not realize they were injured until they see a new doctor.

Deadlines for Children

The statute of limitations for children filing medical malpractice claims is different and found under Art. § 5-109(b). If the plaintiff was under the age of 11 when they were the victim of medical malpractice, the time limit does not start until they reach 11. This means a young plaintiff has 5 years from the date they turn 11, or until age 16. The discovery rule also applies. After turning 11, the injured plaintiff has 3 years from the date they discovered the injuries, up to 5 years from turning 11. So, if you discover the injuries at age 12, you have until age 15 to file a medical malpractice lawsuit.

This rule is slightly different depending on the kind of injuries involved. Under § 5-109(c), if the minor plaintiff was injured due to foreign objects left inside their body after surgery or they experienced injuries to their reproductive system, the deadline does not start counting down until the plaintiff is 16. So, they would have until age 21 to file their case. If the injury is discovered at age 16, they also have 3 years to file under the discovery rule, up to age 21 max.

Evidence You Need in a Woodlawn, MD Medical Malpractice Case

When you file a medical malpractice case, you need to begin gathering evidence as soon as possible, and your attorney can assist you. Your medical records are likely going to be the cornerstone of your claims. Our medical malpractice lawyers need to have your medical records reviewed by another doctor who can testify about your injuries and what likely caused them.

Speaking of medical experts, we must submit a certificate of a qualified expert just to begin your case, according to § 3-2A-06D(b). The certificate must be filed with the court no later than 15 days after discovery on the case is completed. This certificate must come from a medical expert who works in the same area of medicine that concerns your injuries and who attests to the presence of malpractice.

Medical expert witnesses are necessary in most medical malpractice cases. Even when we have your medical records for a jury, they can be hard for the average person with no medical training to understand. These records are not meant to be seen by average people, so we need medical professionals to come in and explain what they mean and explain the standards of care in the case. This is especially crucial when plaintiffs have multiple injuries or especially complex injuries.

What Your Medical Malpractice Attorney Can Do to Help Your Case in Woodlawn, MD

Medical malpractice claims can be difficult to deal with for several reasons. First, taking legal action might be extremely hard, if not totally impossible, while you are recovering from your injuries. This is especially so in cases where victims experience long-term complications or disabilities. Second, the legal complexities of a malpractice case might be overwhelming for someone with no legal training or experience.

Your attorney can help you build your case while you focus on resting and recovery. Your lawyer can find qualified medical experts who can provide the necessary certificate to kick off your lawsuit. They will also find medical experts who can testify in court and explain how you were the victim of medical malpractice.

A lawyer should also help you accurately determine the filing deadline for your case. As discussed above, the statute of limitations for medical malpractice cases varies based on the plaintiff’s age and when they discovered the injuries. Your lawyer will stay by your side throughout the case, developing legal strategies, arguments, and determining how to present evidence in court.

Available Damages in Woodlawn, MD Medical Malpractice Cases

Damages in medical malpractice are famous for being large. Many injured plaintiffs require thousands or even hundreds of thousands of dollars just to pay for medical treatment. Your attorney can help you evaluate your injuries and losses and maximize your potential compensation.

Economic damages are those related to money. Perhaps the biggest financial cost for plaintiffs is medical treatment. You may claim the cost of the treatment that ultimately caused your injuries and the cost of medical care to fix those injuries. If you are badly injured, you might need ongoing medical care that is expected to last for a long time. In that case, you may claim future medical costs, which might be quite significant.

Non-economic damages are related to the subjective pain you endured because of your injuries, both physical and emotional. The physical pain might be excruciating. Many people live with the pain of their injuries for quite some time. Some people live with chronic pain for years or the rest of their lives. You should also claim damages for the emotional trauma and turmoil you endured.

Speak to Our Woodlawn, MD Medical Malpractice Attorneys Today

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