Essex MD Medical Malpractice Lawyer
You should be able to seek treatment from your medical provider with confidence, knowing that they are trained and competent, and will be following the standard medical practices. If this level of competency is not met, then you have every right to feel angry.
As the potential victim of medical malpractice, you should not be responsible for paying for any medical costs relating to their malpractice and you deserve compensation for your pain and suffering as well as any damages you have incurred. The mental trauma and injuries your medical provider has caused may last a lifetime and may affect your enjoyment of life and your financial stability.
If you have been injured due to the medical negligence of a healthcare provider in Essex MD, the rules of the state of Maryland are clear. You are entitled to seek compensation.
To do so, we highly recommend that you seek legal representation from an experienced medical malpractice attorney. In the initial free consultation, they will be able to evaluate your case and will be able to tell you if your case is worth pursuing.
If it is, and you agree to representation, they will be able to assist you in recovering the full and maximum compensation that you deserve.
At Peter Angelos Law, we are ready to assign a successful medical malpractice lawyer to your case. Our law firm was founded in 1961, meaning we have over 60 years of experience in courtrooms across the state of Maryland. We have a long history of success and have won favorable outcomes for our clients in countless cases.
We employ a personalized approach to the attorney-client relationship. An attorney from Peter Angelos Law will take the time to listen to your story, provide a compassionate ear, and will endeavor to keep you well informed and involved throughout the entire process.
This enables us to tailor an approach to each individual case that we deal with, treating every situation with due care and attention.
Peter Angelos - Representation from a Dedicated Essex MD Medical Malpractice Lawyer
Led by Peter Angelos, an attorney with vast experience in the medical malpractice field, Peter Angelos Law has dealt with all types of cases, big and small. From multi-billion dollar settlements against the tobacco industry to the smallest cases, when you need a fierce advocate, an attorney from Peter Angelos Law is ready to help.
What Defines Medical Malpractice in Essex, MD?
When a medical provider's behavior is substandard, and their behavior causes injury and harm to a patient, this is medical malpractice.
If the medical provider had a duty of care to you and their behavior breached this duty of care, they may be found liable for any injury suffered as a result.
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".
If a medical provider acts in a way that is deemed different from how any other "reasonable" medical provider in the same position would have acted, this is negligence. This means that at their core, all medical malpractice involved some degree of negligence.
Four Elements 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
With over 60 years of experience fighting in Maryland courtrooms, we have dealt with most cases of medical malpractice, including:
When a doctor fails to diagnose a condition on time, it may mean that the condition becomes worse before treatment is administered. If they fail to diagnose a condition at all, the patient may be sent home without any treatment whatsoever.
Both events can lead to the patient suffering injury when they should have been treated on time and correctly instead.
If a doctor makes the wrong diagnosis, they may in turn administer the wrong treatment. Depending upon what ailment the patient is suffering from, this could prove fatal, or lead to lifelong complications.
Emergency Room Errors
If emergency room employees, nurses, or doctors fail to prioritize the oncoming flow of patients correctly, it can lead to patients being left for a long period of time without treatment. This can further aggravate their existing problems or lead to additional injuries.
During the pregnancy and during birth, newborn babies are vulnerable and sometimes doctors can cause serious injury if they do not act with due care and attention.
Common examples of birth injuries that are preventable include doctors failing to convert a mother for a c-section in a timely manner and harming the baby or mother during labor and birth. Another common error is failing to monitor the fetus during the pregnancy.
Prescription Medication Errors
Patients should not be expected to know about the various interactions and side effects that come with prescription medication. It is your doctor, nurses, or medical providers' responsibility to ensure that all the risks and potential side effects are explained to you before you are prescribed a treatment. They should also take time to ask if you have any previous conditions or current medications that may interact or cause problems with the treatment.
If you have suffered from a known side effect or interaction after taking a prescription medication, and you were not informed of the risk beforehand, you should speak to a medical malpractice lawyer immediately, as you may have a claim.
Even under normal circumstances, surgery can cause fear and anxiety in patients. Surgery should always be the last option, and you should not be pushed into surgical procedures without fully exhausting any other conservative treatments or measures. If physical therapy or specialized medication or treatment may work, you should be offered such options before surgery.
Surgeons and physicians may try to convince you surgery is the right option in order to maximize their billing.
Post-Surgical Infections and Hospital-Acquired Infections
You should be able to visit your hospital with the confidence that all measures were being taken to ensure the hospital's cleanliness and sterility. Hospitals should take steps to ensure that the premises are cleaned on a regular schedule. This helps protect patients who are vulnerable to infection.
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
In Maryland, you must give full consent in order to undergo a treatment or procedure. Before giving this consent, you should have all aspects of the procedure explained to you, including potential risks and known side effects.
If you have been pushed into giving consent and you have suffered a known risk during a procedure without knowledge of the potential risk, you may have a medical malpractice claim, especially if you would have said no to the treatment or surgery if you had knowledge of the risks beforehand.
Anesthesia is designed to ensure that you have no physical feeling during a procedure. It must be administered by a trained and competent individual. Too much, or too little anesthesia may result in complications that were not explained or anticipated.
When undergoing surgery, you should also be moved throughout the procedure to avoid being left in one position for too long. If not, you may develop a deformity or injury from being left too long in one position.
Medical Record Errors
Keeping your medical records up to date is important for many reasons. When any medical provider administers treatment, it should be documented. This prevents patients from being given doses twice due to error.
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. You only have three years from the date the malpractice injury or error occurred. If you do not discover the injury until later, you may have up to five years from the date the injury occurred to or three years from the date the injury was discovered, but this is rare.
You must file a lawsuit within these deadlines or your case will be barred. This means that you can no longer make any medical malpractice claim regarding the incident. A malpractice attorney in Maryland should help explain these important deadlines so you are able to file your lawsuit in a timely manner.
Who Can You Bring a Medical Malpractice Suit Against in Essex, MD?
Most health care providers and medical professionals that owe you a duty of care can be found negligent, including:
- Nursing Homes
- Healthcare Companies
- Aids or Assistants
- Many other medical professionals
What Damages Can You Recover Through a Medical Malpractice Lawsuit?
In order to recover your damages, your medical malpractice attorney will need to consider the economic and non-economic damages that you have suffered as a result of the medical malpractice incident.
They will look at the following:
- Medical bills - Any medical bills you have had to pay, and any medical bills you may have to pay in the future can be recovered. Medical bills can include prescription costs, treatment costs, surgery costs, and costs of rehabilitation and therapies. It is important that you keep hold of all of your receipts and bills as your attorney will need these to calculate your total medical expenditure.
- Loss of wages and earning capacity - If, as a result of the injuries you have suffered, you have had to take time off work, you may be able to recover your lost wages. You may not only recover any lost wages you have already suffered but if your injuries mean you will have to take more time off from work in the future, you can recover your future loss of wages too.
- Pain and suffering - Pain and suffering encompass the damages that are harder to quantify with a figure. This is comprised of physical pain and suffering as well as other changes to your lifestyle that cannot be measured in monetary amounts.
Filing a Medical Malpractice Claim in Maryland
In order to file a medical malpractice claim in the state of Maryland, you will need to follow certain steps.
To begin with, you will need to submit a Claim to the Director of the Maryland Health Claims.
The next step will be to obtain a certificate of merit from a medical expert with the requisite experience and expertise.
Your medical malpractice attorney will be able to guide you through these steps which is another important reason to obtain representation.
Certificate Of Merit By A Qualified Medical Expert
There are certain requirements that your medical expert must meet in order for them to act as your medical expert witness and provide a certificate of merit:
- Firstly, they must be a healthcare professional with clinical experience in the same or similar field as the medical provider responsible for your injuries.
- Secondly, they must have experience within the field within 5 years of the incident.
- Thirdly, they may not devote more than 25% of their professional time to giving testimony in personal injury matters.
Filing a Wrongful Death Lawsuit Due to Medical Malpractice in Essex, MD
It is a terrible tragedy for everyone involved when a medical malpractice incident leads to the wrongful death of a loved one.
A wrongful death claim allows for the family of the deceased to seek compensation. This compensation is for their grief, loss of support, loss of services, and funeral arrangements.
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 circumstances and events that surround a medical malpractice case can be complex and vary from case to case. This means each case will process at its own unique rate. Medical malpractice cases take longer than a standard personal injury claim, often taking several years to complete.
How are medical negligence cases funded?
For personal injury and medical malpractice claims, most lawyers will work on a contingency fee basis where you only pay for your legal representation if you win your case. This means you do not need to pay upfront to your chosen legal representative. If they win a settlement, inside or outside of the courtroom, they will take a percentage of the settlement that was told to you during your initial consultations.
Do all medical negligence cases go to court?
The main factors that influence whether a case has to be settled in court will be the complexity of the situation. If the medical provider clearly acted negligently, the other party may decide to settle out of court as they know they will most likely lose a court battle.
If the case is more complex, the other party may not offer a settlement and at this stage, your attorney will use the strong case they have built on your behalf to fight for your fair and reasonable compensation in court.
Should you accept the first offer of compensation?
It is important to obtain legal representation who can help negotiate the maximum settlement on your behalf. The other party may attempt to offer you a lowball offer on the first attempt. Talk to your attorney and listen to their advice. If you both believe it is a good offer, you can accept it, but in the majority of cases, the first offer is lower than they are willing to offer overall.
Our Maryland Medical Malpractice Attorneys May be Able to Help
It isn't fair that anyone suffers at the hands of a negligent medical provider. When we seek their help, we place our trust in them and we expect them to act in a way that is suitable and professional.
At Peter Angelos Law, we have an experience that stems from countless medical malpractice cases. We have won favorable outcomes in courtrooms across the state, and each and every one of the medical malpractice lawyers on our team is a fierce and skilled advocate.
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.