Medical errors can have life-altering consequences. If you suspect medical malpractice has caused you harm, navigating the legal landscape can feel overwhelming.
This medical malpractice FAQ guide will provide essential information about your potential lawsuit. Understanding your rights and possible legal options can empower you to make informed decisions about your situation.
If you have questions and would like to speak with an experienced Maryland medical malpractice lawyer, please contact us right away.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in a medical injury to the patient.
Medical professionals can include doctors, nurses, hospitals, or other medical providers. The deviation from the required standard of care could be a misdiagnosis, a surgical error, medication mistakes, or any action that falls below the level of care expected in similar circumstances.
Common Questions About Maryland Medical Malpractice
As medical malpractice attorneys, we get lots of questions from prospective clients about how to file a claim and what to expect during the process. We’ve compiled answers to some of the most common questions below.
1. How Do I Win a Medical Malpractice Lawsuit?
To establish a successful medical malpractice claim in Maryland, you must demonstrate the presence of four essential elements of the claim:
- Duty—a doctor-patient relationship existed, so the medical professional owed you a duty of care;
- Breach of the standard of care—the healthcare provider deviated from the established standard of care;
- Direct causation—the healthcare provider’s breach of duty directly caused your injury; and
- Damages—you sustained quantifiable damages as a result of the medical error.
Often, the most challenging aspect to prove is that the doctor failed to uphold a certain standard of care. The jury will compare a healthcare provider to similar professionals with the same education and medical training to determine if there was a failure to provide reasonable care.
2. What Are Some Examples of Medical Malpractice?
While every situation is unique, you might have a potential medical malpractice lawsuit if you suffer from any of the following conditions:
- Unexpected complications—your condition worsens significantly after a procedure or medication;
- Misdiagnosis or delayed diagnosis—your healthcare provider misses a crucial illness or misdiagnoses you, leading to treatment delay and worsening outcomes;
- Incorrect medication—if you are prescribed the wrong medication, given the wrong dosage, or experience adverse reactions due to medication errors;
- Surgical mistakes—when a surgical procedure results in infections, nerve damage, or other complications; or
- Failure to warn of risks—when you are not properly informed about potential risks associated with a treatment or procedure.
If you suspect medical malpractice, it’s crucial to consult with a Maryland medical malpractice attorney. They can assess your situation and advise you on the best course of action.
3. What Specific Injuries Are Associated with Medical Malpractice?
This medical malpractice FAQ blog aims to highlight some of the more severe injuries that can result from a healthcare professional’s failure to provide adequate care.
- Birth injuries—errors during pregnancy, delivery, or newborn care can lead to lifelong complications for a child, such as cerebral palsy, other brain damage, Erb’s Palsy, or other injuries;
- Brain injuries—medical mistakes during surgery, anesthesia complications, or failure to diagnose a stroke or brain bleed can cause devastating brain injuries;
- Paralysis—surgical errors, medication errors, or failure to treat infections can result in paralysis, impacting mobility and independence;
- Amputation—negligent surgical procedures, delayed diagnosis of infections, or inadequate treatment of circulation issues can lead to loss of limb amputation; and
- Wrongful death—in the tragic circumstance of a patient’s death due to medical negligence, surviving family members may be able to pursue a wrongful death lawsuit.
Our firm has experience with these kinds of medical malpractice cases. If you or a loved one suffers from any of the injuries mentioned above, or another injury caused by a medical error, contact our office immediately.
4. How Much Time Do I Have to File a Medical Malpractice Claim in Maryland?
The statute of limitations for medical malpractice claims in Maryland is five years from the date the injury occurred or three years from the date you discovered the injury, whichever is earlier. Acting quickly is essential, as evidence can be hard to obtain over time.
5. Are There Damage Caps on Medical Malpractice Lawsuits in Maryland?
Maryland places caps on noneconomic damages in medical malpractice cases. The amount of the cap increases each year and is $890,000 for causes of action arising in 2024.
These damages include damages such as pain and suffering that may be difficult to quantify. Damage caps do not apply to economic damages like medical bills and lost wages. A Maryland medical malpractice attorney can explain these limitations in more detail.
6. What Are the Steps to Take After Suspecting Medical Malpractice?
If you believe that you are suffering from a medical injury caused by a physician’s failure to provide adequate care, here are some suggestions. Taking these steps can help to build a strong case.
- Seek medical attention. Prioritize your health and well-being by getting a thorough medical evaluation and treatment for your injuries. It’s also essential to maintain detailed medical records of your care.
- Gather evidence. Keep copies of all medical records, bills, and other relevant documentation related to your injury. Evidence may include doctor’s notes, test results, and communications with the healthcare provider.
- Contact a Maryland medical malpractice attorney. An experienced attorney can evaluate your case, explain your legal options, and guide you through the complex legal process. They can also advise you on evidence gathering and deadlines.
Remember, you are not alone. Our legal professionals can be a valuable resource in this challenging time and answer your medical malpractice questions.
7. How Can a Maryland Medical Malpractice Attorney Help?
At Baird Mandalas Brockstedt & Federico, our legal professionals will fight for the compensation you deserve. We will investigate your case and assist you in gathering evidence.
We have experience consulting with medical experts to establish the standard of care and breach of duty. Our skilled attorneys regularly negotiate with the insurance companies to advocate on your behalf. Finally, we will represent you in court if necessary.
8. How Much Does a Maryland Medical Malpractice Lawyer Cost?
Most medical malpractice attorneys work on a contingency fee basis. Contingency means you won’t pay any legal fees unless your case is successful. The attorney’s fee is typically a percentage of the compensation you receive.
The Road to Recovery Starts Here
Remember, this medical malpractice FAQ is not a substitute for legal advice. Contact Baird Mandalas Brockstedt & Federico, LLC, today for a free consultation.
You deserve an attorney with experience, dedication, and proven results. With offices in Baltimore, Maryland, and throughout Delaware, we are the first stop along your route to justice. Allow us to assist you along the road to recovery.
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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