When you entrust your well-being to a healthcare provider, you anticipate receiving exceptional care from hospitals like Johns Hopkins in Baltimore, Maryland. However, what occurs when that trust is shattered due to medical negligence? Suddenly, you’re left grappling with injuries, facing a mountain of medical bills, and grappling with numerous uncertainties. In such challenging times, seeking guidance from a qualified medical negligence attorney can provide clarity and legal support. They’re your ally, your advocate, and your guide through the complex world of malpractice law. They’re your go-to for making sure those at fault face the music and you pocket what you’re owed.
When you’re facing the aftermath of medical negligence, a skilled attorney becomes more than just a legal advisor. They serve as your ally, your advocate, and your guide through the intricate landscape of malpractice law. With their expertise, they ensure that those responsible are held accountable and that you receive the compensation you rightfully deserve. From navigating complex legal procedures to advocating for your rights in court, a medical negligence attorney is committed to securing justice and financial restitution on your behalf.
Table Of Contents:
- What Constitutes Medical Malpractice in Baltimore
- Proving Negligence in a Baltimore Medical Malpractice Lawsuit
- Types of Medical Malpractice Cases in Baltimore
- Damages Available to Victims of Baltimore Medical Malpractice Claims
- Maryland Laws That Affect Your Medical Malpractice Claim
- How a Maryland Medical Malpractice Lawyer Can Help You
- Contact Our Maryland Medical Malpractice Lawyers Right Away
- FAQs in Relation to Medical Negligence Attorney
- Conclusion
What Constitutes Medical Malpractice in Baltimore
Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. In Maryland, the negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
A grave illness goes undiagnosed. A patient gets the wrong medication. A surgeon botches an operation. The negligence of a doctor, nurse or other medical professional can lead to serious injury, permanent disability or even death. And they should be held accountable.
Defining Medical Malpractice
Medical malpractice refers to the negligence of a medical professional leading to a patient’s injury. Negligence by act or omission can be malpractice.
Incorrectly diagnosing a heart problem as an infection would be a negligent act, while forgetting to administer a patient’s anesthesia before surgery would be an omission. In either situation, if it results in your harm, the healthcare professional should be held responsible.
Common Medical Malpractice Scenarios in Baltimore
Common types of medical malpractice cases include:
- Misdiagnosis or delayed diagnosis: This occurs when a healthcare provider fails to correctly diagnose a patient’s condition in a timely manner, leading to delayed treatment or incorrect treatment of the actual condition.
- Surgical errors: Surgical malpractice can involve mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary surgery.
- Medication errors: These occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider potential drug interactions, leading to adverse effects or worsening of the patient’s condition.
- Birth injuries: Birth-related medical malpractice can occur when healthcare providers fail to respond appropriately to complications during childbirth, resulting in injury to the newborn or mother. Examples include oxygen deprivation leading to brain damage or improper use of forceps or vacuum extractors.
- Anesthesia errors: Anesthesia malpractice can involve administering too much or too little anesthesia, failing to monitor the patient properly during surgery, or not taking proper precautions to prevent complications.
- Failure to obtain informed consent: Patients have the right to be informed about the risks and benefits of medical procedures or treatments before they are performed. Failure to adequately inform patients about these risks can lead to medical malpractice claims if the patient experiences harm.
- Nursing home abuse or neglect: This involves mistreatment or neglect of residents in nursing homes or long-term care facilities, which can include physical abuse, emotional abuse, medication errors, or neglect of basic needs.
Proving Negligence in a Baltimore Medical Malpractice Lawsuit
Every error made by a doctor is not malpractice. There must be specific criteria met. The care you received must be below the standard of care that another doctor in the same area of practice would have provided in a similar situation.
To determine if your medical treatment failed to meet the medical standard of care, another medical expert in a similar area of medicine would need to answer the question of whether he or she would have given the same treatment. If the medical expert would not have provided the same care, you may have a medical malpractice claim. If the doctor indicates that he or she would have done the same thing, your claim may be invalidated.
Legal Elements of Medical Malpractice
To be considered medical malpractice under the law, the claim must have the following characteristics:
- A violation of the standard of care
- An injury was caused by the negligence
- The injury resulted in significant damages
Determining Liability in Medical Malpractice Lawsuits
It is not sufficient that an attorney simply was negligent for a legal malpractice claim to be valid. The plaintiff must also prove that there were legal, monetary or other negative ramifications that were caused by the negligence.
Types of Medical Malpractice Cases in Baltimore
Exploring the realm of medical malpractice cases in Baltimore unveils a diverse landscape of legal challenges and human tragedies. From misdiagnoses to surgical errors, each case represents a unique intersection of patient care and legal accountability. Delving into these complexities offers insights into the nuances of medical negligence and the pursuit of justice for those affected.
These are some medical malpractice cases in a variety of areas, including:
Misdiagnosis and Failure to Diagnose
- Failure to diagnose or misdiagnosis of serious disease
Birth Injuries
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
- Brain damage
Surgical Errors
- Surgical errors and post-surgical infections
Medication Errors
- Prescription and medication errors
Damages Available to Victims of Baltimore Medical Malpractice Claims
Injuries sustained during a hospital visit can be disastrous, especially if it is a birth injury. They may require additional medical care and force you to miss time at work and with family. At our law firm, it’s our job to consider how your life may be impacted by the careless acts of a medical professional. That’s when you need a medical negligence attorney.
Economic Compensation
The negligence resulted in significant damages – Legal malpractice lawsuits are expensive to litigate. For a case to be viable, the plaintiff must show significant damages that resulted from the negligence.
Non-Economic Compensation
Our medical negligence attorneys have held doctors, nurses and nurse practitioners, hospitals, nursing homes and other medical providers responsible for their negligence in preventable injuries.
Some of the damages you may be eligible to recover include:
- Pain and suffering
- Medical expenses
- Replacement services at home
- Lost wages
- Diminished earning capacity
- Prescription medication
- Wheelchair or other accessibility equipment
It’s our priority to pursue fair compensation for all your injuries. We aim to recover damages for every physical, financial, emotional, or psychological loss you’ve endured.
There is no cap on economic damages in Maryland, so you are legally entitled to collect as much as you have lost in monetary expenses. In contrast, medical malpractice victims in Baltimore are restricted to claiming up to $860,000 in damages for pain and suffering in 2022. The cap is raised by $15,000 each year.
Medical malpractice in Baltimore means a healthcare pro’s mistake can cause big trouble, like wrong meds or surgery slip-ups. If they mess up, you could sue for cash to cover your losses and pain. But proving it? You need clear evidence their goof directly hurt you.
Maryland Laws That Affect Your Medical Malpractice Claim
When it comes to medical malpractice claims in Maryland, there are a few key laws you need to be aware of. These laws can significantly impact your ability to seek compensation for the harm you’ve suffered. That’s why it is important to obtain a free consultation from a medical negligence attorney ASAP.
Statute of Limitations
The statute of limitations is the time limit you have to file a medical malpractice lawsuit. In Maryland, you generally have five years from the date of the injury or three years from the date you discovered the injury, whichever comes first. If you miss this deadline, you may be barred from bringing a claim altogether. That’s why it’s crucial to consult with a medical malpractice attorney as soon as possible after you suspect malpractice occurred.
Contributory Negligence
Maryland is one of the few states that still follows the harsh rule of contributory negligence. Under this rule, if you are found to be even 1% at fault for your injuries, you may be barred from recovering any compensation at all. This means that if the healthcare provider can prove that your own negligence contributed to your injuries in any way, you may lose your right to seek damages. An experienced malpractice lawyer can help you navigate this complex legal issue and fight back against any allegations of contributory negligence.
How a Maryland Medical Malpractice Lawyer Can Help You
Dealing with a medical malpractice injury is overwhelming enough without having to navigate the legal system on your own. That’s where a skilled medical malpractice attorney comes in. From start to finish, your malpractice lawyer will handle every aspect of your case. They will gather evidence, consult with medical experts, negotiate with insurance companies, and represent you in court if necessary. You can focus on your physical and emotional recovery while your attorney fights for the compensation you deserve. They will keep you informed every step of the way and provide the support and guidance you need during this difficult time.
Filing All Necessary Documents
Medical malpractice cases involve a significant amount of paperwork, including legal filings, medical records, and expert reports. Your medical malpractice attorney will ensure that all necessary documents are filed correctly and on time. They will also handle all communication with the court, the opposing party, and any other relevant entities. You won’t have to worry about missing a deadline or making a procedural mistake that could jeopardize your case.
Deciding Whether to Waive Arbitration
In some medical malpractice cases, you may have the option to waive arbitration and proceed directly to trial. This decision can have significant consequences for your case, and it’s not one to be made lightly. Your malpractice attorney will carefully review the facts of your case and advise you on the best course of action. They will explain the pros and cons of arbitration and help you make an informed decision that protects your rights and interests.
Contact Our Maryland Medical Malpractice Lawyers Right Away
If you or a loved one has been harmed by medical negligence, don’t wait to seek legal help. The sooner you contact a medical malpractice lawyer, the better your chances of recovering the compensation you deserve. At our law firm, Pinder Plotkin, we have decades of experience fighting for the rights of medical malpractice victims across Maryland. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case. Don’t let the healthcare provider who harmed you get away with it. Contact our Maryland medical malpractice lawyers today and let us fight for the justice you deserve.
Don’t miss out on your chance for justice due to Maryland’s tricky laws. Act fast to beat the statute of limitations and navigate contributory negligence with a skilled attorney by your side, ensuring all paperwork is spot-on and exploring every option, including arbitration. We’ve got you covered from start to finish.
FAQs in Relation to Medical Negligence Attorney
What are the four common legal elements of medical negligence claims?
To win, you need to prove duty, breach, causation, and damages. Basically, show a doc messed up and it hurt you.
What percentage of malpractice suits are successful?
About 20% of filed cases win in court. It’s tough going but not impossible with solid evidence.
What is medical negligence vs malpractice?
Negligence is when care falls short. Malpractice means that slip-up caused harm. Both bad news for patients.
Conclusion
Dealing with the aftermath of medical negligence is never easy. But with a dedicated medical negligence attorney by your side, you don’t have to face it alone.
They’ll handle the legal heavy lifting – investigating your case, gathering evidence, and fighting for your rights in court. All while you focus on what matters most: healing and moving forward.
So if you’ve been wronged by a healthcare provider, don’t wait. Reach out to a skilled medical negligence attorney today and start your journey to justice.
