Baltimore Medical Malpractice Lawyer
Nobody should be left with the unexpected bills and mental and physical injuries that result from an act of medical malpractice. When you seek medical attention from a professional, you expect there to be a certain level of competence, and when this level is not met, you are right to be angry, and you certainly should not be forced to deal with the resulting medical costs.
Negligence and malpractice victims may have to deal with injuries or emotional trauma for the rest of their lives, and their quality of life may be impacted forever. You could be looking at long years of recovery and rehabilitation, potential surgery, or injuries that may never heal. This could mean you can no longer work in the same capacity, look after your family or enjoy your life to the same standard.
If you have been injured as a result of medical negligence or malpractice in Baltimore, MD, you are entitled to seek compensation for your damages. We highly recommend getting in touch with a Baltimore medical malpractice attorney as soon as possible. They will be able to evaluate your medical malpractice case and assist you in recovering a fair and reasonable settlement figure from your damages, as well as guiding you through the complex Maryland medical malpractice rules that exist in Baltimore, MD.
At Peter Angelos Law, our Baltimore medical malpractice lawyers are ready to spring into action on your behalf. Working on behalf of our clients since 1961, our law firm has a long history of victories, winning favorable outcomes for numerous clients.
We utilize our many years of experience and combine it with our exceptional, personalized approach to the attorney-client relationship. This allows us to treat every case with the due care and attention that it deserves. We don't back down from a fight, and we are not afraid to seek compensation on your behalf aggressively.
Peter Angelos - Reliable Representation
As our name suggests, Peter Angelos Law is led by Peter Angelos, an attorney with an incredible reputation. Able to draw upon over 50 years of experience, representing a wide variety of clients in an even wider variety of cases, Peter Angelos is an exceptional and fierce advocate for those that have been wronged.
What Defines Medical Malpractice in Baltimore, MD?
Medical malpractice in Maryland is a specific type of substandard behavior carried out by a healthcare provider.
Negligence means that the healthcare provider did not follow the accepted standards of medical practice that they should have followed, and that by doing so, the provider breached their duty of care to you. If this breach in duty of care caused an injury or the worsening of an illness, it might be classified as medical malpractice. This is laid out in state statute Maryland Annotated Code, Courts and Judicial Proceedings §3-2A.
The Medical Malpractice Act states :
“all claims, suits, and actions … by a person against a health care provider for medical injury allegedly suffered by the person … are subject to and shall be governed by the provisions of this act".
What is the Difference Between Medical Malpractice and Medical Negligence in Maryland?
The term negligence refers to any behavior that is seen as grossly substandard from how a reasonable medical provider in the same position would have acted. This means that all medical malpractice cases have a degree of negligence at their core. If someone is injured through a lack of attention or care, it could be considered medical negligence.
Medical malpractice refers to the breaching of a duty of care, specifically, when a professional does not follow the accepted standard methods of medical care.
Experienced medical malpractice lawyers will be able to inform you whether your case involves negligent care. The sooner you get in touch with them following your injury the better. This will allow them to evaluate your case quickly and advise you on the best plan of action.
Four Requirements of a Medical Malpractice Case
For you to succeed in a medical malpractice case, you and your attorney will need to prove four things.
- Firstly, you will need to prove that the medical professionals responsible owed you a duty of care.
- Secondly, the medical professional's actions meant that they breached this duty of care.
- Thirdly, this breach in the duty of care resulted in injury or harm.
- Finally, this harm resulted in you suffering an injury that required medical treatment and damages on your behalf.
Common Maryland Medical Malpractice Lawsuits
Over our 50 years of service to the state of Maryland, we have seen most forms of medical malpractice. The most common include:
Failing to diagnose a condition in a timely manner can be extremely serious. If they miss symptoms that should have notified them of an illness or condition, they may mistreat or fail to treat a patient entirely, discharging them and sending them home.
Often equally dangerous as a failed or delayed diagnosis is a misdiagnosis. When a patient is misdiagnosed, they may be treated with the wrong medication or sent for the wrong medical procedure.
Giving a patient the wrong treatment when they are facing serious illnesses like cancer or viral infections may be fatal or cause serious life-changing effects.
Being sent for the wrong surgery may lead to life-long conditions or irreversible damage.
Emergency Room Errors
Emergency room errors often occur when nurses or emergency room employees do not adequately prioritize patients. Often this happens when they are under a lot of stress.
While this is understandable, you deserve a certain level of care when you are seen in the emergency room and if you have been left for a long period of time without being seen and you have suffered injuries as a result, you may have a claim for medical negligence.
Newborn babies are particularly vulnerable. When doctors act without due care, they can easily cause harm to a newborn and cause serious problems.
Examples include performing failing to timely convert a mother for a c-section, failing to pay close attention to fetal monitoring, or damaging the baby physically during the labor and delivery process.
Negligent behavior doesn't just risk the baby either, sometimes the mother may suffer from internal bleeding or trauma that has a potential to cause serious injury or even death.
Prescription Medication Errors
As someone who has not been medically trained, you should not be expected to know what interactions and side effects come with the medicine you are prescribed. It is your doctor's job to sit you down and explain theme medications prescribed. It is also their job to ensure that your current medication or medical issues do not interact with the medicine they are prescribing.
You may have grounds to seek compensation if you are prescribed medication without full knowledge of its potential side effects or if the medicine you are prescribed interferes with any current medication that the doctor knew about.
Undergoing surgery can be scary enough in normal situations. When you are going in for a procedure, the least you should be able to expect is a competent surgeon.
In complex surgery, tiny mistakes may result in huge problems, leading to injuries that may affect the rest of your life.
There are also cases involving unnecessary surgical procedures that are performed before conservative measures have been exhausted. This may involve certain cases in which an orthopedic surgery is performed without allowing the patient an opportunity to first try physical therapy or certain medications or steroid injections to relieve their persistent pain.
We often find that surgeons are quick to perform surgery instead of recommending safer alternatives since physicians are able to bill significantly more for surgery than other treatment options.
Post-Surgical Infections and Hospital-Acquired Infections
Hospital operating theaters, wards, and rooms should all be cleaned on a regular schedule and to a high standard. This is to prevent post-surgical infections from seriously harming a patient.
If you developed an infection during a stay in hospital and believe that protocol was not followed, then you may be entitled to compensation.
Failure to Inform Patients of Risks
Before any procedure, a patient should give full consent. Before a patient can give their consent, they should have the procedure details, and all of the potential risks and side effects explained to them thoroughly.
If you have been pushed to give your consent and suffered a known risk of surgery without having all of this explained to you and you can state that had you known of that risk you would not have undergone surgery, then your consent may be void and the procedure should not have been carried out.
When you go for surgery, you will be put under through the use of anesthesia. This is designed so that you do not physically feel what is happening. Administering anesthesia requires a high level of training and should be administered by a competent professional.
If you receive too little and wake up during the experience or you receive too much and have lasting damage and numbness, you could be entitled to make a claim. We often see cases where patients are put in a certain position on the operating table for too long and they walk up with permanent deformities. This is usually an anesthesia error that could have been avoided if the patient was timely and properly repositioned during the surgery.
Medical Record Errors
Your medical records should be kept up to date accurately by your health care providers. Keeping your records up to date and accurately helps prevent medical errors.
When medical records are not kept up to date, or they are mixed up or misplaced, the results can be catastrophic. This can also happen when physicians or staff neglect to appropriately record treatments in a patient’s chart.
In some cases, medical malpractice victims are taken to the wrong procedure, given the wrong medication, or dosed twice because their records were not appropriately updated.
Statute of Limitations for a Medical Malpractice Claim in Baltimore, MD Maryland
If you are considering filing a medical malpractice case, the first thing you should do is seek legal representation for a skilled medical malpractice lawyer.
You are bound by the statute of limitations in Maryland and that means you only have:
- Typically, 3 years from the date the malpractice injury or error was discovered occurred;
- If, in rare cases, you do not discover the injury until later, you may have more time, but your time to bring a claim will never exceed the less of 5 years from the date the injury occurred or 3 years from the date the injury was discovered.
It is important that you speak with a medical malpractice attorney in Baltimore, MD right away if you suspect you have a case for medical negligence as this is a very important deadline. If you do not file a lawsuit prior to the expiration of your statute of limitations, you may be forever barred from bringing a case.
Who Can You Bring a Medical Malpractice Suit Against in Baltimore, MD?
Most medical malpractice claims are brought against healthcare professionals who owe you a duty of care. This duty of care means that they may be held liable if the negligent behavior results in your injury or further complications.
This means that you can raise a case against the following:
- Nursing homes
- Healthcare companies
- Aids or assistants
- Many other medical professionals
What Damages Can You Recover Through a Medical Malpractice Lawsuit?
No two medical malpractice cases look the same and the results can range from minor injuries to serious lifelong conditions, even fatality. If you or a loved one have been the victim of medical malpractice, you could be entitled to seek both economic and non-economic damages. If the professional acted with gross negligence, you might also be entitled to seek punitive damages, damages designed to punish the individual.
Your medical malpractice lawyer will be able to explain your potential damages accurately, calculating a settlement figure that can be supported by the necessary documentation.
A medical malpractice lawyer from Peter Angelos Law will fight to ensure that you are compensated in full for any damages you have suffered, which may include:
- Medical bills - Your medical bills, both future, past and present will be accounted for. These bills will include all treatment costs, ER visits, costs of implants, taxis to and from the hospital, and more. You should ensure you keep hold of all receipts and bills.
- Loss of wages and earning capacity - Following a medical malpractice incident, many victims will need to take long stints off work and in some cases, may never return. When injuries mean that you can no longer work in the same capacity, this is a damage that you should be compensated for. You should also be compensated for any lost wages you have suffered during your treatment.
- Pain and suffering - Pain and suffering damages include all damages that do not have a tangible number attached. Things like physical pain, emotional suffering, and mental trauma all fall under the pain and suffering umbrella. Other things include a loss of enjoyment of life. If you can no longer carry your son, play your weekly sports, or drive a vehicle, this may reduce your quality of life and you deserve to be compensated.
- Loss of consortium - If a family member or spouse has tragically lost their life due to medical malpractice, or has developed serious, permanent life-changing conditions that affect them for the rest of their lives, you could be entitled to compensation for the loss of their income.
Filing a Medical Malpractice Claim in Maryland
There are several steps that you need to take in order to raise a medical malpractice claim against a healthcare professional in the state of Maryland.
First, you need to submit your claim to the Director of the Maryland Health Claims Arbitration Office.
Secondly, you will need to obtain a certificate of merit. This document needs to be signed by a qualified medical expert.
The easiest way to make your way through the process is to seek legal representation from a skilled Baltimore, MD medical malpractice attorney from a reputable law firm.
Certificate Of Merit By A Qualified Medical Expert
Your certificate of merit needs to be signed by a medical expert. This cannot be any healthcare provider; your medical expert must meet the following requirements.
- They must have clinical experience in the field of the healthcare professional you are raising the case against.
- They must have had requisite professional experience in the same medical field within 5 years of the incident.
Filing a Wrongful Death Lawsuit Due to Medical Malpractice in Baltimore, MD
Unfortunately for the families involved, medical malpractice can lead to complications that result in the wrongful death of a loved as a result of negligence.
Wrongful death claims allow for the family of the deceased loved one to seek compensation for their grief as well as for their loss of services, support, and care of their loved one.
In addition to a wrongful death claim, certain survivors of the decedent may stand in the shoes of the deceased and bring an Estate action for the decedent’s pain and suffering, medical and funeral expenses. This claim can be brought by an Estate representative, often a Personal Representative appointed by the court, or a named representative in the decedent’s Will.
Medical Malpractice FAQs
How long do medical negligence claim cases take?
The series of events and specific circumstances that led to your medical malpractice incident will be unique to your case. This means that every case will be different from every other case.
Medical malpractice claims do take longer to settle than personal injury claims, sometimes taking several years.
How are medical negligence cases funded?
In both personal injury claims and medical malpractice claims, your attorney will most likely work on a no-win-no-fee contingency fee basis. This form of funding means that you do not need to pay any money upfront to obtain their representation and you only have to pay them if they win your case and you receive compensation. If they do win your case, they will take a percentage of the figure, pre-determined and laid out to you before they took your case.
Do all medical negligence cases go to court?
Typically, the deciding factor of whether or not your case will go to court will be the complexity. In cases where there was clear negligence and a lot of evidence against the healthcare professional, there is a good chance they will offer to settle outside of court.
In cases that are more complex, there is a good chance the other party and their insurance company will decide to dig their heels in. In these cases, you and your attorney will need to work hard to create the strongest case on your behalf.
Should you accept the first offer of compensation?
We always advise our clients to refuse the first offer of compensation in the majority of cases. There are some exceptions, and you will need to make the decision on your own, but with the advice of your attorney. Normally, the first offer will be a lot less than what the other party is truly willing to offer.
This is why it is important to hire a lawyer to help negotiate your claim so that you receive the best award possible while at the same time, eliminating the risk of having your case tried before a jury.
Our Maryland Medical Malpractice Attorneys May be Able to Help
Nobody should have to suffer through the negligent behavior of a trained professional. We place our trust in our healthcare providers, and we expect them to act in a manner that befits their station.
Here at Peter Angelos Law, we have dealt with countless medical malpractice cases, winning compensation for countless clients. We have significant, unrivaled knowledge of the medical malpractice rules that govern the state of Maryland, and our teams of medical malpractice lawyers are skilled advocates for their clients.
We will work with you every step of the way, keeping you informed and educated about the process. This makes our approach to the client-attorney relationship second to none.
Call us today at 410-705-2405.