When you seek treatment at a hospital, you trust doctors, nurses, surgeons, and other hospital staff to take care of your well-being.
Sometimes, that trust is rewarded. But sometimes, the action or inaction of a healthcare professional at a hospital can cause serious harm.
This is when you need the best Baltimore hospital malpractice lawyer by your side.
There are 27 community health and hospital systems in Maryland, including Johns Hopkins Hospital in Baltimore, which ranks as the ninth largest hospital in the nation. Combined, these hospital systems employ over 9,800 people, earn more than $2 billion in revenue annually, and have assets of $11 billion.
Despite the high quality of care provided by these institutions, serious mistakes can occur.
If you or a loved one has suffered harm because a healthcare provider at a hospital was negligent, you might be entitled to compensation for hospital malpractice. If there is a possibility, you are a victim of hospital malpractice, contact a premier Baltimore hospital malpractice lawyer today.
What Is Hospital Malpractice In Maryland?
Hospital malpractice is a form of medical malpractice that occurs when a medical error is made at a hospital.
The mistake may be the fault of a medical professional, an employee of the hospital, or the institution itself.
Malpractice occurs when a medical professional caring for a patient fails to meet the standard of care.
That failure can be due to the care provider doing something or failing to do something.
Common causes of hospital malpractice include the following:
- Failure to order tests,
- Anesthesia errors,
- Laboratory errors,
- Surgical errors,
- Failure to properly interpret test results,
There are several ways these issues could cause serious or life-changing injuries. For example, if the wrong surgical site or procedure is marked in the patient’s chart, the surgeon could make irreversible errors.
A hospital or other healthcare institution is generally liable for the actions of their employees as long as those employees are acting within the scope of their employment.
This could include doctors, technicians, and nurses. A Baltimore hospital malpractice lawyer knows hospital malpractice and can help you determine if you have a case or not. Contact us for a free consultation.
What Constitutes a Valid Hospital Malpractice Lawsuit in Maryland?
What constitutes a valid hospital malpractice lawsuit? Medical malpractice is a subset of personal injury law. It is important to seek counsel from an experienced hospital malpractice lawyer because medical malpractice laws have nuances unique to each state.
In order to file a hospital malpractice lawsuit, you will have to prove the hospital or an employee of the hospital did not comply with the standards of care.
In Maryland, proving the standard of care was breached will require a certificate from a qualified expert. The qualified expert in the area certified a breach of the standard of care caused your injury and that a reasonable doctor would have acted differently. Failing to meet the standard of care is called a breach of the standards of care.
How to Sue a Hospital for Malpractice in Maryland
Medical Malpractice cases can be complicated. The first step toward achieving adequate financial compensation is to hire a hospital malpractice lawyer. There are several procedural requirements for filing a medical malpractice claim in Maryland. Therefore, it is important to receive appropriate legal guidance as soon as possible.
There are several state-specific requirements when it comes to filing a medical malpractice claim in Maryland. There are also several procedural requirements for filing a medical malpractice claim in Maryland.
Medical Malpractice Statute of Limitations
You must initiate a medical malpractice lawsuit in Maryland within five years from the date the injury was committed or three years from the date the injury was discovered or could have reasonably been discovered.
There are exceptions to this rule for minors and mental incompetence.
Certificate of Qualified Expert
Within 90 days from the date of filing a medical malpractice claim, Maryland law requires a Claimant/Plaintiff to file a “Certificate of Qualified Expert” signed by a health care provider who, among other qualifications, has had clinical experience in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged negligence.
This certificate must attest to a departure from standards of care, and that the departure from the standards of care is the proximate cause of the alleged injury.
Cap on Medical Malpractice Damages
Maryland has a cap on noneconomic damages for medical malpractice cases, including hospital malpractice.
Noneconomic damages include pain and suffering, emotional distress, anxiety, depression, loss of society and companionship, loss of consortium, and loss of enjoyment of life.
The amount of the cap depends on when the injury occurred.
For example, the cap on noneconomic damages in medical malpractice cases for causes of action arising between January 1, 2022 and December 31, 2022 is $860,000.00.
The cap increases by $15,000 beginning on January 1 of each year. Noneconomic damages for wrongful death are limited to no more than 125% of that year’s cap.
If your hospital malpractice claim in Maryland involves damages more than the limit of the concurrent jurisdiction of the District Court, you must file the initial claim and Certificate of Qualified Expert with the Maryland Health Care Alternative Dispute Resolution Office.
Depending on what is best for your case, you may opt to file a written election to waive arbitration. The waiver has to be filed within 60 days of when the defendant files their own expert certificates. After we have filed the waiver, you have 60 days to file your complaint with the court.
The claimant can waive the claim to Circuit Court if certain procedural requirements are satisfied.
Choosing a Baltimore Hospital Negligence Lawyer
Do not let the complexities of the Maryland legal system deter you from seeking the compensation you deserve. Talk to a Baltimore hospital negligence lawyer today.
The legal team at Baird Mandalas Brockstedt & Federico strives to provide compassionate and responsive legal services. We have won hundreds of millions for our clients and let us determine if we can do the same for you. We are the premier hospital malpractice lawyers in Baltimore, Columbia, and Maryland as a whole.
Our team is results-driven and trial-tested. Medical malpractice can have a lasting impact on victims and their families. Contact us today to find out how we can help you.