If medical professionals have harmed you or a loved one, you’re probably feeling betrayed, angry, or overwhelmed. You placed your trust in the hands of medical professionals, only for their negligence to cause serious harm, which may be the basis for a valid medical malpractice claim.
This article will walk you through the details of what medical malpractice is, the key elements that make up a valid lawsuit, and how you can begin the process of seeking justice for the harm you or your family member suffered.
At Brockstedt Mandalas Federico LLC, we have the experience to help you through this painful time in your life. We can’t change what happened, but we can help you get the compensation you need to deal with what comes next. Our partners have received national recognition for their work in this field. We are here to help.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care in their field, resulting in harm to a patient. This failure can take many forms, including errors in diagnosis, treatment, aftercare, or health management. In short, medical malpractice is not simply a poor outcome or an unexpected result; it involves negligence or wrongdoing that directly causes injury or death.
Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis;
- Surgical errors or unnecessary surgery;
- Medication errors, including wrong dosage or drug;
- Birth injuries due to negligence;
- Anesthesia mistakes;
- Failure to obtain informed consent; and
- Inadequate monitoring or follow-up.
Medical malpractice cases can be devastating, leaving patients with lifelong injuries, financial strain, or emotional trauma. In the most severe cases, malpractice can result in death.
What Constitutes a Valid Medical Malpractice Claim in Maryland?
To pursue a valid medical malpractice claim, you must demonstrate more than dissatisfaction with medical care. Several specific legal elements must be present to bring a successful lawsuit.
A Doctor-Patient Relationship Existed
The first step is proving that a professional relationship existed between the patient and the healthcare provider. Proof is usually straightforward—appointments, medical records, prescriptions, or hospital admissions serve as evidence. Without a doctor-patient relationship, a provider does not owe a duty of care to the patient.
The Medical Provider Was Negligent
Negligence is central to any valid medical malpractice claim. The provider must have acted in a way that deviated from accepted medical standards. The question is whether a similarly qualified provider would have acted differently under the same circumstances. If the answer is yes, negligence may have occurred.
Keep in mind that a poor outcome does not always mean malpractice. The key is whether the provider’s actions fell below the accepted standard of care recognized by the medical community.
The Negligence Caused Injury or Harm
It must be proven that the provider’s negligence directly caused injury. Causation is often one of the most difficult aspects of a claim, as patients may have pre-existing conditions, or complications may arise for other reasons. Expert medical testimony is usually required to show that the injury would not have occurred but for the provider’s actions.
The Injury Resulted in Damages
A valid lawsuit must involve measurable harm. These damages can include physical pain, emotional distress, additional medical bills, lost wages, long-term care needs, or diminished quality of life. There is no basis for compensation without tangible damages, even if the provider was negligent.
Statute of Limitations in Maryland
In Maryland, you must file a medical malpractice lawsuit within the earlier of:
- three years from the date the injury was discovered, or
- five years from the date the injury occurred.
Missing this deadline can result in losing the right to pursue compensation. There are exceptions for minors and incapacitated individuals, so it’s important to consult with an attorney as soon as you suspect malpractice.
The Role of Certificates and Expert Reports in a Valid Lawsuit
Maryland requires that a claimant file a certificate from a qualified medical expert attesting to the departures from the standard of care and that those departures caused injury.
This legal requirement helps prevent frivolous lawsuits and ensures that only claims with a solid medical basis proceed. Failure to file the certificate may result in the court dismissing the case.
Types of Damages in a Medical Malpractice Case
A successful medical malpractice claim may include compensation for:
- Medical expenses (past and future),
- Lost wages and loss of earning capacity,
- Pain and suffering,
- Emotional distress,
- Loss of household services,
- Costs for long-term care or rehabilitation, and
- Wrongful death (in fatal cases).
In Maryland, wrongful death claims may only be brought by a spouse, child, or parent of the deceased.
The law places a cap on noneconomic damages (like pain and suffering), which is adjusted annually. However, there is no cap on economic damages, such as medical bills or lost wages.
Why You Need a Medical Malpractice Attorney
Medical malpractice cases are among the most complex types of personal injury litigation. Proving a valid medical malpractice claim requires detailed knowledge of both the law and the medical field. It also requires collaboration with expert witnesses, a deep understanding of medical records, and the ability to present technical information to a jury in a clear and persuasive way.
At Brockstedt Mandalas Federico LLC, our team of seasoned litigators understands the impact of medical errors on individuals and families. We know that taking legal action can feel overwhelming, especially while dealing with serious health issues. That’s why we provide compassionate, client-centered representation to guide you through every step of the legal process.
We investigate the facts of your case, consult with leading medical experts, and build a strategy tailored to your unique circumstances. Whether you are seeking compensation for medical expenses, future care, or emotional harm, we fight to make sure your voice is heard and your losses are recognized.
Contact Us Today
Understanding your rights is the first step toward holding negligent medical providers accountable. If you believe you or a loved one may have a valid medical malpractice claim in Maryland, our team at BMF is here to help.
Our firm’s leaders are nationally recognized for their outstanding work on behalf of people suffering from medical malpractice. Let our experience, skill, and dedication work for you in your pursuit of justice. Contact us today to schedule a consultation.
Phil Federico is a partner at Brockstedt Mandalas 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.
Loading...