Doctors are human and can make mistakes. When a doctor makes a mistake that causes injury to a patient, it is known as medical malpractice.
Medical malpractice cases are complex and challenging to win, even with the assistance of a lawyer.
However, if you are committed to pursuing your case and have evidence to support your claim, it is possible to file a medical malpractice lawsuit in Maryland without a lawyer.
How Do I Know If I Can Sue For Medical Malpractice?
In order to recover in a medical malpractice case, you must establish what the “standard of care” required at the time the medical care was provided; that the health care provider breached the standard of care; and that the breach of the standard of care caused the injury claimed.
Maryland defines the standard of care for a health provider as that degree of care and skill that would be used by a reasonably competent health care provider engaged in a similar practice and acting in similar circumstances.
If you believe you have a medical malpractice case, you must also be aware of the statute of limitations.
In Maryland, generally speaking, an action for damages for an injury arising out of the rendering or failure to render professional services by a health care provider shall be filed within the earlier of five years of the time the injury was committed or three years of the date the injury was discovered.
A different deadline may apply if the victim of the malpractice was a child. You may be precluded from pursuing meritorious medical malpractice if you fail to file your case prior to the expiration of the applicable statute of limitations.
What Is the Process for a Medical Malpractice Case in Maryland?
In Maryland, if your medical malpractice case involves damages over $30,000.00, you must first file your case with the Maryland Health Care Alternative Dispute Resolution Office.
You must also file a certificate of a qualified expert within 90 days of filing the case.
The qualified expert must, among other requirements, attest to a departure from standards of care, and that the departure from the standard of care is the proximate cause of the alleged injury.
Obtaining a report from a qualified expert can be expensive, as the expert will have to thoroughly review the necessary medical records prior to “certifying” the case.
The medical records in medical malpractice cases are often voluminous. Therefore, it is extremely helpful to have an experienced medical malpractice attorney help guide you through the process.
At Baird Mandalas Brockstedt & Federico, we will “advance” the costs associated with pursuing your case and deduct these costs, along with the legal fee, if we are able to settle your case or win your case at trial.
Winning a Medical Malpractice Lawsuit
Winning a medical malpractice lawsuit requires a thorough understanding of the legal requirements for medical malpractice and a careful evaluation of the circumstances surrounding your case.
It also typically requires testimony from qualified expert witnesses.
The experienced attorneys at Baird Mandalas Brockstedt & Federico can request the relevant medical records on your behalf and retain the expert witnesses necessary for you to successfully pursue your case.
Limitations on Your Claim
Economic damages are compensation for financial losses due to the alleged medical malpractice. There is no cap on economic damages in medical malpractice cases filed in Maryland.
However, Maryland law “caps” non-economic damages, including pain and suffering, physical impairment, and loss of consortium, in medical malpractice cases.
For example, the cap on non-economic damages for medical malpractice cases for causes of action arising on or after January 1, 2023, is $875,000.00. The cap increases by $15,000 annually.
If your medical malpractice claim involves wrongful death with two or more wrongful death beneficiaries, the limit increases to 125% of the regular cap.
Maximizing the value of your claim requires a deep understanding of all of the medical and legal aspects of your case.
While it is, theoretically, possible to pursue a medical malpractice case without a lawyer, hiring a knowledgeable medical malpractice lawyer has many benefits.
Indeed, reputable and experienced medical malpractice lawyers typically have the resources, including access to medical experts, to help you navigate the legal system.
How Much Does a Malpractice Lawyer Cost?
Most experienced medical malpractice lawyers, like the attorneys at Baird Mandalas Brockstedt & Federico, work on a contingency fee basis.
This means that the attorneys only get paid if there is a recovery on behalf of the client. Also, medical malpractice lawyers typically “advance” costs, such as expert witness fees and filing fees.
The legal fee and advanced costs are then deducted from any settlement or verdict.
It is important to understand that medical malpractice cases are usually both expensive and time-consuming.
These cases often require extensive investigation, expert witness testimony, and other forms of evidence to build a strong case.
Therefore, if you believe you have a valid medical malpractice case, it will likely be worth it for you to hire a medical malpractice lawyer who has the resources available to help you recover the compensation you deserve.
Simplify Your Case, Contact an Attorney
Navigating the legal system can be overwhelming.
If you believe that you have been a victim of medical malpractice, although you can file a medical malpractice case on your own, it makes sense to hire an experienced and knowledgeable attorney.
When you retain the lawyers at Baird Mandalas Brockstedt & Federico, you retain sophisticated, experienced attorneys with the resources and dedication to achieve justice for you.
For decades, our attorneys have handled hundreds of medical malpractice cases, securing over $1 billion dollars on behalf of our clients. Contact us today!
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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