Medical professionals provide a valuable service to society, but sometimes make costly mistakes. You may be eligible for compensation if you were injured after receiving medical treatment.
Contact Baird Mandalas Brockstedt & Federico to speak with a medical malpractice lawyer. Our firm handles various medical malpractice cases and can help you seek compensation for your injuries.
What Is Medical Malpractice?
There’s a special bond between patients and doctors. Patients trust their doctors to take reasonable care of them.
Doctors have an ethical and legal duty to provide a certain level of care to these patients. Medical malpractice happens when doctors breach this duty and harm their patients.
Medical Malpractice Case Examples
Baird Mandalas Brockstedt & Federico can help with any medical malpractice case. Some of the most common claims include:
- Amputation. A medical error can lead to losing a limb or other body part. These unwanted amputations can impair a victim’s quality of life and mental health.
- Birth injuries. Negligence during childbirth can result in birth injuries affecting both the newborn and the mother.
- Anesthesia errors. Doctors and nurses can make mistakes while administering anesthesia. These errors may lead to brain damage, respiratory issues, or, in extreme cases, death.
- Cerebral palsy. Cerebral palsy is a neurological disorder that affects movement, muscle tone, and motor skills. This condition can develop when a doctor doesn’t provide proper prenatal and postnatal care.
- ER negligence. Emergency rooms are busy and crowded. Overworked doctors may rush through patients and make mistakes.
- Hospital malpractice. Hospitals are often short-staffed, causing employees to be stressed and tired. These exhausted employees might fail to provide the expected standard of care.
- Medication errors. Healthcare employees can make mistakes in prescribing, dispensing, or administering medications. These errors can be due to negligence, poor communication, or improper training.
- Misdiagnosis. Doctors sometimes provide the wrong diagnosis to patients, causing emotional distress. In other cases, they don’t diagnose a condition fast enough, worsening the patient’s condition and reducing the chances of a positive outcome.
- Spinal cord injuries. Medical staff occasionally make surgical mistakes that damage the spinal cord. These injuries can cause paralysis, pain, and loss of motor function.
- Surgical errors. Surgeons make mistakes like performing the wrong procedure or leaving foreign objects inside the patient. These errors can lead to infection, pain, and additional surgeries.
- Wrongful death. Severe medical malpractice incidents can lead to the death of a patient. Surviving family members can hold hospitals and staff liable for these cases.
Medical malpractice has many forms, so speak with an attorney to see if your injury may entitle you to compensation.
The Role of a Medical Malpractice Attorney
Proving a medical malpractice claim isn’t a simple process. You need to work with a medical malpractice lawyer who knows how to hold responsible parties accountable.
The attorneys at Baird Mandalas Brockstedt & Federico have decades of experience litigating these cases. We handle the entire legal process so you can focus on recovery.
Legal Advice
An attorney understands the intricacies of Maryland’s medical malpractice laws. They can review your case and determine if your healthcare provider violated their legal duty. Your medical lawyer can outline what options you have to pursue compensation.
Investigation
A medical malpractice claim is only as strong as the evidence you present. An attorney will search for evidence to support your claim and build a chronological narrative of events.
They will use this evidence to show that the healthcare provider deviated from the expected standard of care.
Filing a Lawsuit
Filing a medical malpractice lawsuit isn’t a simple process in Maryland. The law requires plaintiffs to go through arbitration with the Health Care Alternative Dispute Resolution Office. An attorney can move your case out of arbitration and into court.
Negotiating with Insurance Companies
Negotiating with insurance companies is a critical phase in medical malpractice cases. After reviewing the evidence and legal demand, the insurance company will make an initial offer.
These offers are often low, so an attorney will negotiate with the insurer for a higher settlement that accounts for all your damages.
Representing You in Court
Most cases end in settlement, but some plaintiffs must take a claim to trial to obtain full compensation. Your attorney will explain to a judge and jury why the medical provider is at fault for your injuries. They will craft arguments demonstrating why the law and evidence support your claim.
Compensation in Medical Malpractice Cases
You may recover compensation through a settlement agreement or court decision. This compensation can cover economic damages like expenses or non-economic damages like emotional harm.
Common damages for medical malpractice include:
- Medical expenses—reimbursement for past and future medical costs incurred due to the malpractice, covering treatments, surgeries, medications, and rehabilitation;
- Lost wages—funds to compensate victims who couldn’t work during their injury and lost income;
- Reduced earning capacity—financial assistance for victims whose injuries prevent them from returning to their former careers;
- Pain and suffering—provides relief for those who have physical pain and mental anguish due to their injuries; and
- Disability—assists with the physical and emotional challenges of living with a life-altering disability.
- Wrongful death—helps surviving family members with funeral expenses and the loss of financial support from their loved one.
Your medical malpractice lawyer can help you quantify these damages and calculate the value of your claim. There’s no limit on how much economic damages you can recover, but Maryland law has a statutory cap on non-economic damages.
FAQs
At Baird Mandalas Brockstedt & Federico, our clients know they can ask us anything about medical malpractice. Here are some of the most common questions we receive.
What Is the Statute of Limitations for Medical Malpractice Cases in Maryland?
You must file your lawsuit in accordance with the Maryland statute of limitations. Generally, you need to file within three years of discovering the injury or within five years of the date of the injury.
The law makes some exceptions to this for minors, so speak with an attorney to see if you qualify.
How Much Does It Cost to Hire a Medical Malpractice Attorney?
You never have to pay upfront fees when working with our firm. Our attorneys work on a contingency fee basis. We only get paid if you win your case or receive a settlement offer.
Can I Sue for Medical Malpractice If I Signed a Consent Form?
A consent form indicates you agreed to undergo a procedure, but it doesn’t allow healthcare professionals to act negligently.
You may still have a valid medical malpractice claim if the staff deviated from the standard of care. Moreover, your medical attorney may find that the doctor misled you about the consent form you signed.
How Long Does a Medical Malpractice Case Typically Take?
The duration of a lawsuit varies depending on factors like the facts of the case, court schedules, and negotiation timelines. Some cases may settle quickly, while others may require more time.
Speaking with an attorney can help you get a more accurate estimate based on the specifics of your situation.
Schedule a Free Consultation
Baird Mandalas Brockstedt & Federico is a top medical malpractice law firm in Maryland. You can rely on our attorneys to provide strong and compassionate representation.
Our firm has helped clients receive seven-figure settlements and is ready to help you next.
Contact us today to schedule your free case evaluation.