Unexpectedly losing a loved one is a horrific tragedy. The grief increases when someone else’s actions caused your family member’s death.
Surviving family members have legal rights, including the right to pursue a wrongful death lawsuit against the negligent parties.
Contact an experienced Maryland wrongful death lawyer at Baird Mandalas Brockstedt & Federico to discuss your legal options if you have lost a family member due to another party’s negligence.
At Baird Mandalas Brockstedt & Federico, we understand how emotional and stressful it can be to lose a loved one.
However, we recommend not waiting to find a Maryland wrongful death lawyer. We created an additional blog to explain how to find a wrongful death attorney.
Do not let anyone tell you that seeking legal advice after a wrongful death is inappropriate. The sooner you retain a Maryland wrongful death lawyer, the sooner we can help protect your family’s rights.
Wrongful death claims can be complicated. Contact us today to get started.
Who Can File a Wrongful Death Claim in Maryland?
Not every surviving family member can pursue a wrongful death claim in Maryland. Only certain beneficiaries can seek compensation in wrongful death actions.
These parties include:
- The surviving spouse,
- The children of the deceased, and
- The parents of the deceased.
Other relatives such as siblings, nieces/nephews, aunts/uncles, and other blood relatives typically do not have the right to bring a wrongful death lawsuit.
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Wrongful Death and Survival Actions in Maryland
In Maryland, there are two main types of claims which can be brought following the death of a patient resulting from medical malpractice—wrongful death and survival actions.
With a wrongful death claim, certain surviving family members can pursue a lawsuit for their grief and, potentially, economic losses.
With a survival action, a claim is brought for the deceased person’s losses, including pain and suffering and medical expenses incurred, before their passing.
Financial recovery for a survival action is paid to the estate. Contact a wrongful death attorney at Baird Mandalas Brockstedt & Federico to discuss whether you have a viable wrongful death and/or survival action.
Wrongful Death and Medical Malpractice
Sadly, many wrongful deaths result from medical malpractice. As a patient, you trust medical providers with your life. However, mistakes occur.
Errors including failure to diagnose, delayed diagnosis, surgical mistakes, and birth injuries can lead to death. Our team explains the ways these complexities can result in death below.
The wrongful death lawyers at Baird Mandalas Brockstedt & Federico know medical malpractice law. We understand these claims and can help you get the justice you deserve.
Misdiagnosis
When a patient seeks medical care, they expect the doctor to use their training and experience to accurately diagnose their illness or condition. Receiving an incorrect diagnosis is not typically part of the plan. A misdiagnosis can derail the patient’s recovery and, in extreme cases, result in their death.
If a negligent misdiagnosis causes a patient’s death, their surviving loved ones can file a wrongful death claim to recover the losses suffered by the decedent’s family members due to the unexpected death.
To prove a negligent diagnosis, the plaintiff must show that the medical professional was negligent in the patient’s treatment and their negligence caused the misdiagnosis. Examples of negligent patient care may include failing to order basic tests or recognize obvious symptoms of a medical condition.
A 2023 study stated that approximately 371,000 die annually in the U.S. after a misdiagnosis. However, this is only an estimate because many deaths caused by a misdiagnosis go undetected. About 75% of all misdiagnoses happen to individuals suffering from one of the following:
- A heart attack,
- An infection, or
- Cancer.
An overwhelming reason for misdiagnoses is cognitive error by the physician. Unfortunately, the cost and inconvenience of medical treatment often prevents a misdiagnosed patient from seeking a second opinion. By the time someone realizes the incorrect diagnosis, it is often too late.
The failure to diagnose a condition is similar to a misdiagnosis. When a doctor does not recognize a patient’s symptoms, they may simply delay making any determination to avoid accusation of an incorrect diagnosis.
If a medical provider negligently misdiagnosed or failed to diagnose your loved one, causing their death, contact a wrongful death attorney in Maryland today.
Medication Errors
In the United States, between seven and nine thousands people die annually due to medication errors. Medication errors can include:
- Drug overdoses,
- Adverse reactions to drugs,
- Ingesting the wrong medication,
- Taking the incorrect amount of medication, and
- Taking medication too often.
Medication errors happen most often at the prescribing stage when a healthcare provider writes the wrong medication, the wrong dosage, or the wrong frequency on an order. Medication issues also occur when prescriptions are issued to the incorrect patient or without checking a patient’s allergy history.
To recover in a wrongful death claim for a medication error, you must show not only that the error caused your loved one’s death, but also that the error is one that a similarly trained medical provider would not have made.
Premature Discharge
A premature discharge can result in a patient’s death. A doctor must fulfill their obligation to treat a patient as a similarly trained medical professional would in similar circumstances. That may include running various tests to help ascertain the condition the patient is suffering from.
If a doctor neglects to do any additional tests and opts to discharge the patient too soon, it may be considered a premature discharge. A qualified Maryland medical malpractice lawyer can gather information to prove that the medical provider’s actions fell below the acceptable standard of care for similarly trained professionals.
Surgical Errors
Although surgeries are often necessary, errors that occur during a surgery can cause a patient’s death. Some of the most common surgery errors in the United States are operating on the incorrect body part, performing the wrong procedure, using unsafe methods, or performing the procedure on the wrong patient.
These “wrong-site, wrong-procedure, wrong-patient errors” (WSPEs) are called “never events” meaning that they should never happen and indicate serious safety issues.
Research indicates that surgical errors occur in approximately one out of every 112,000 surgical procedures performed in an operating room. For procedures outside the operating room, the rate of errors may be much higher.
Although surgeries have inherent risks, negligent hospital workers create additional concerns. If your loved one suffered a complication in surgery that caused their death, contact a Maryland wrongful death attorney to discuss your case.
Birth Injuries
Childbirth should be a joyous occasion. Unfortunately, babies and mothers can experience complications during birth that result in injuries and even death.
A birth injury is a physical injury experienced during childbirth that affects the baby or the mother. A birth defect occurs while the fetus is still in the womb, typically within the first three months of pregnancy.
Birth injuries can affect an infant and the mother delivering the baby. Some common birth injuries that affect infants include:
- Birth asphyxia and other forms of oxygen deprivation;
- Persistent pulmonary hypertension of the newborn (PPHN) due to lack of oxygen; and
- Cerebral palsy, often caused by a lack of oxygen during birth.
Some birth injuries that affect the mother include:
- Prolapsed uterus,
- Uterine rupture,
- Infection,
- Abnormal uterine bleeding,
- Preeclampsia/eclampsia,
- Hemorrhaging; and
- Pulmonary embolism.
Mothers and their babies can face life-threatening injuries if doctors and nurses do not respond promptly in the delivery room.
There are a wide range of potential causes of a birth injury, including distracted medical staff, failing to respond to a mother or baby’s distress, and failing to order a C-section when necessary.
Delivery doctors and nurses are trained to detect emergencies during childbirth and react to them appropriately.
If medical staff negligently fails to act during childbirth, resulting in death to the mother or baby, the surviving family members can file a medical malpractice claim. A Maryland wrongful death lawyer at our firm can review your case.
What Sets Our Wrongful Death Lawyers in Maryland Apart
Our team at Baird Mandalas Brockstedt & Federico is committed to helping our clients recover the damages they deserve after the loss of a loved one.
We know that no amount of money will replace your family member, but it can help you get caught up financially and support your remaining loved ones. We are confident in our ability to aggressively fight for your rights. Our team is set apart by the following:
- Extensive trial experience,
- Knowledge of medical malpractice law,
- Open communication style with our clients, and
- Personal care and attention to each matter.
Reach out to a wrongful death attorney in Maryland at Baird Mandalas Brockstedt & Federico.
Recoverable Damages in a Maryland Wrongful Death Lawsuit
Recoverable damages will vary based on the circumstances of your case. In general, you might be eligible to receive compensation for:
- Loss of financial support
- Mental anguish
- Loss of companionship, society, guidance, and comfort
- Lost Household Services
Our attorneys will review with you the potential damages and compensation in your specific wrongful death lawsuit.
Contact A Wrongful Death Attorney in Maryland Today
Hiring an experienced wrongful death attorney in Maryland is an important decision. In addition, you only have a certain amount of time to file a wrongful death lawsuit in Maryland.
Generally, you have three (3) years from the date of death to file a wrongful death claim. While that might seem like a long time, gathering evidence and building a case can take months, if not longer.
Do not inadvertently risk your ability to file a case by waiting too long to speak with a Maryland wrongful death lawyer.
The legal team at Baird Mandalas Brockstedt & Federico, LLC, stands ready to help you pursue justice.
We have a reputation for success and are not afraid to take your case to trial. We offer aggressive yet compassionate representation.
Contact our Maryland wrongful death lawyers today to schedule an initial consultation to learn more about how we can assist you following a loved one’s wrongful death.