Hospital Malpractice

Hospital Malpractice Attorney in Baltimore, MD

Medical providers and the hospitals that hire them have a professional obligation to provide safe and effective treatments to their patients. However, when hospitals fail to provide safe treatment and harm patients, they may become liable for medical malpractice. 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”. If you or a loved one recently suffered any type of medical harm due to the substandard behavior of a healthcare provider or the hospital that employed them, you likely have grounds for a medical malpractice claim.

Peter Angelos Law provides comprehensive legal counsel to clients in Baltimore, MD, and surrounding areas. Over the years of our firm’s operation, we have secured billions in damages on behalf of our clients and successfully pursued some of the most complex medical malpractice claims on record. We can put this experience to work for you and your family after suffering any type of medical injury. Call us today at 410-705-2405 to schedule a no cost consultation and take the first step toward securing the legal representation you need during this challenging time.

Understanding Hospital Malpractice in Baltimore, MD

In Baltimore, MD, hospital malpractice denotes medical negligence by healthcare providers leading to patient injury. To establish a medical malpractice claim in Maryland, one must prove that the healthcare provider’s care fell below-accepted standards, resulting in physical harm or death. Given the severe and often life-altering outcomes of medical malpractice, victims and their families are advised to secure legal assistance from Baltimore medical malpractice attorneys when considering a medical malpractice lawsuit.

Grasping the complexities of hospital malpractice is key for potential claimants. Subsequent sections will outline common forms of hospital malpractice and discuss the differences between hospital and doctor liability.

Common Types of Hospital Malpractice

Common types of hospital malpractice include:

Misdiagnosis: when a physician fails to order the appropriate test or accurately interpret the results, leading to delayed diagnosis and increased severity of the patient’s condition.
Medication errors: can take various forms, such as administering the wrong medication, incorrect dosages, or medication allergies.
Surgical mistakes: such as leaving foreign objects inside the body, can lead to additional medical bills and complications for the patient.
Inadequate staffing or supervision: can result in errors and substandard behavior in patient care.
Anesthesia Error

Identifying the malpractice type and gathering supporting evidence is vital when pursuing a hospital malpractice claim. This process might entail consulting medical providers, reviewing medical records, and documenting any harm or injury resulting from the malpractice.

Hospital Liability vs. Doctor Liability

In many medical malpractice cases, a hospital or other healthcare institution is usually held responsible for the actions of their personnel, as long as those personnel are acting within the scope of their employment. However, there are exceptions to identifying the doctor as the defendant in malpractice cases. Expectations are high for physicians to exercise the same degree of care and treatment as their peers in similar circumstances. This is the bar that is expected of all doctors.

The concept of joint and several liability in Maryland dictates that each defendant is liable for the entirety of any judgment rendered. Distinguishing between hospital and doctor liability is a key factor in determining the accountable party in a medical malpractice claim.

Factors to Consider When Filing a Hospital Malpractice Claim

When most people think of “medical malpractice,” they imagine cases that involve a single medical provider as the defendant in a patient’s claim. However, the legal concept of “vicarious liability” applies to many medical malpractice cases. Vicarious liability describes any situation in which one party is considered liable for the actions of another. Typically, this involves an employer bearing responsibility for the actions of their employees.

If a hospital employee causes harm to a patient, the hospital can potentially absorb liability for the incident. A hospital may attempt to deflect vicarious liability by claiming that the medical provider in question was not a hospital employee, but rather an independent contractor. Since many hospitals employ staff on a contractor basis, they may initially escape liability. However, depending on how the medical provider represented themselves to the patient, the hospital may still absorb liability for a medical injury even if the medical provider in question was indeed an independent contractor.

Filing a Claim

Filing a hospital malpractice claim requires several steps:

Establishing negligence and demonstrating the resultant harm.
Gathering all relevant information.
Conducting a comprehensive investigation of the medical records.
Consulting medical providers to evaluate the claim’s validity.
Getting a check-up from a new doctor to confirm the preceding doctor’s negligence.

Establishing Negligence

To establish negligence in a hospital malpractice claim, it is necessary to demonstrate that the hospital violated the standard of care, resulting in patient harm. The standards of care in a medical malpractice claim measure the quality of medical care that was given. This standard seeks to determine if a reasonable and competent medical provider would provide the same care to a similar patient faced with similar circumstances. This can be challenging to ascertain, as the standard of care is contingent on the patient’s situation and circumstances, and there may not be a single standard.

To demonstrate a doctor’s failure to meet care standards in a malpractice claim, one must determine how another reasonably competent doctor would have treated the patient in the same circumstances. This might require a certificate from a qualified medical provider, attesting to the negligence.

Demonstrating Harm

Demonstrating harm in a hospital malpractice case involves showing the direct link between the hospital’s negligence and the patient’s injuries or losses. Harm may be constituted by:

Physical injury or harm to the patient
Financial costs incurred by the patient
Emotional distress experienced by the patient
Pain and suffering endured by the patient

A patient can provide evidence such as medical records, testimony, and documentation of the harm suffered to demonstrate harm resulting from hospital negligence.

Proving medical malpractice entails showing that the healthcare provider’s negligence resulted in harm or injury, whether physical, emotional, or financial. Recording the harm experienced and seeking advice from witnesses are key steps in demonstrating harm in a hospital malpractice claim.

Legal Requirements for Hospital Malpractice Claims in Maryland

Maryland has specific legal requirements for hospital malpractice claims that must be followed to successfully pursue a case. These requirements include the statute of limitations, testimony, and damage caps.

Statute of Limitations

The statute of limitations for medical malpractice claims in Maryland is three years from the date of injury or five years from the date of discovery, whichever is earlier. This time limit serves to ensure that claims are filed promptly and allows for the resolution of cases within a reasonable timeframe. If the statute of limitations expires before a medical malpractice claim is filed in Maryland, the claim will likely be precluded, and the injured party will not be able to pursue legal action for compensation.

Being aware of the statute of limitations and consulting a legal professional about specific deadlines and requirements for filing a medical malpractice claim in Maryland is vital. Missing the deadline could cost you the right to seek compensation for your injuries.

Testimony

Testimony is a vital element in Maryland’s hospital malpractice lawsuits, given the specific knowledge and understanding of complex medical issues they often necessitate. Witnesses can provide the necessary medical information to aid the jury in comprehending the case and deciding on liability and damages. Their testimony is used to:

Establish the standard of care that should have been followed
Determine whether the healthcare provider deviated from that standard
Assess whether the deviation resulted in the patient’s injury or harm.

For a Maryland hospital malpractice case, a witness must:

Be licensed to practice medicine in the state of Maryland
Typically be board-certified in the relevant field
Possess experience in the specific area of medicine pertinent to the malpractice claim
May be required to file a Certificate of Qualified Professional

Engaging witnesses can strengthen your claim and provide valuable insights into the substandard behavior involved.

Damage Caps

Maryland imposes damage caps on non-economic damages in medical malpractice cases. It is important to note that these caps do not apply to medical expenses. Being aware of these caps is important when pursuing a hospital malpractice claim in Maryland, as they can significantly affect your potential compensation. Seek advice from a qualified Baltimore medical malpractice attorney from Peter Angelos Law to understand how these caps might influence your case.

How Peter Angelos Law Can Help with Your Hospital Malpractice Claim

Peter Angelos Law has over 50 years of experience representing individuals in cases involving medical malpractice and personal injury. Our team of highly skilled and experienced Baltimore medical malpractice attorneys is dedicated to providing ideal legal representation for our clients, ensuring that they receive the compensation they deserve. We offer a range of services to assist with your hospital malpractice claim, from case evaluation to legal representation, negotiation, and litigation.

Our legal team, with its results-oriented and extensively trial-tested approach, handles your case with utmost care and professionalism. With a significant understanding of hospital malpractice cases and Maryland medical malpractice laws, we effectively advocate for your rights to secure a positive outcome for your case.

Case Evaluation

Peter Angelos Law offers a thorough case evaluation to determine the validity and potential value of your hospital malpractice claim. During the case evaluation, our experienced attorneys will collect all pertinent information, conduct a rigorous investigation, and consult with medical providers to evaluate the merits of your claim. This comprehensive assessment enables us to devise an appropriate defense strategy based on an exhaustive understanding of your case and the medical matters involved.

Through a comprehensive case evaluation, we prepare your claim well and back it with strong evidence, thereby improving your chances of a successful outcome. This process is vital to determine the right strategy for your hospital malpractice claim.

Legal Representation

At Peter Angelos Law, we provide skilled legal representation tailored to your specific needs and circumstances, ensuring your rights are protected throughout the complex medical malpractice process. Our team of Baltimore medical malpractice attorneys is highly experienced in handling hospital malpractice cases, from conducting thorough investigations to presenting compelling arguments in court. We work tirelessly to advocate for your rights and secure a positive outcome for your case.

Familiar with Maryland medical malpractice laws and procedures, our medical malpractice lawyer team can navigate the complex legal landscape and effectively represent your interests in Maryland medical malpractice cases. We are dedicated to providing high-quality legal representation and ensuring you receive the deserved compensation for your injuries and losses.

Negotiation and Litigation

Peter Angelos Law has experience in negotiating settlements and litigating hospital malpractice cases in court to achieve a positive outcome. Our negotiators work hard to secure fair compensation on your behalf, and our skilled litigators are prepared to assertively represent your case in court if necessary. We understand the importance of a strategic approach to negotiation and litigation to maximize your chances of success.

Whether your case is resolved through negotiation or requires litigation, our team at Peter Angelos Law is committed to providing the highest degree of representation and support throughout the entire process. We work tirelessly to ensure that you receive the justice and compensation you deserve for your hospital malpractice claim.

Tips for Strengthening Your Hospital Malpractice Claim

Beyond seeking help from experienced Baltimore medical malpractice attorneys, you can take several steps to strengthen your hospital malpractice claim. Documenting your medical treatment, seeking a second opinion, and collaborating with witnesses can reinforce your case and enhance your chances of success.

Documenting Medical Treatment

Maintaining detailed records of your medical treatment is key to building a robust hospital malpractice claim. This includes:

Documenting dates, providers, and any complications or issues encountered during your treatment
Arranging your records chronologically and categorizing them based on the type of medical treatment received
Making copies of all records and storing them in a secure location.

Proper documentation of your medical treatment is important for several reasons:

It provides an impartial account of your status and the treatment given.
It increases your credibility as a patient.
It serves as a guide for future care providers.
Accurate and comprehensive documentation is essential in medical malpractice litigation.

Seeking a Second Opinion

Getting a second opinion from a different healthcare provider is an important step toward confirming the original provider’s substandard behavior and collecting additional evidence for your hospital malpractice claim. A second opinion can offer an unbiased evaluation of your condition and the care provided, and help spot any errors or oversights in the initial diagnosis or treatment plan. When seeking a second opinion, be sure to consult a healthcare provider who is not affiliated with the hospital that made the initial diagnosis or treatment.

Obtaining a second opinion can offer valuable insights and alternative perspectives on your treatment, as well as provide testimony that can be used to support your claim in court. This step is crucial in gathering more information about your condition and potentially demonstrating a better understanding of the substandard behavior involved in your case.

Working with Witnesses

Working with witnesses is vital in setting the care standard and showing how the hospital’s negligence resulted in your harm. Witnesses, such as medical providers:

medical doctors
nurses
hospital administrators

can offer important information about the medical care provided and help prove negligence or causation in your case. Their comprehensive knowledge and credentials are essential in interpreting the issues at hand and instructing the jury about what the doctor should have done and why.

Working with witnesses can strengthen your hospital malpractice claim by providing valuable insights into the negligence involved and confirming the validity of your claim. Their testimony is crucial in supporting your case and ensuring a successful outcome.

Contact a Baltimore, MD Medical Malpractice Attorney Today

If you believe you have grounds to file a hospital negligence claim in Baltimore, Frederick, Gaithersburg, Bowie, Towson, or any other area of Maryland state-wide, the attorneys at Peter Angelos Law have the experience and legal resources to guide you to a satisfactory result in your case. It is natural to have many questions about your legal options after experiencing hospital negligence, and we can help. To get the answers you need for free, contact Peter Angelos Law today at 410-705-2405 and schedule a consultation with a medical malpractice lawyer.

Frequently Asked Questions

How Are Hospitals Liable for Medical Malpractice Claims?

Most medical malpractice claims revolve around a single medical provider failing to uphold the standard of care for a patient. The result is harm directly caused by the negligent action. When it comes to hospital malpractice, a hospital can be responsible for medical malpractice in a variety of ways:

The hospital failed to conduct an appropriate background check on a hired medical provider who harmed a patient due to incompetence or reckless disregard for the standard of care.
The hospital failed to create appropriate sanitization policies to prevent the spread of infectious diseases, and a patient contracted such a disease as a result.
The hospital failed to enforce patient safety standards and/or hospital infection prevention measures.
The hospital neglected to follow applicable state or federal regulations.
The hospital allowed an unqualified medical provider to conduct a specific procedure on a patient, and the patient suffered harm as a result of this decision.

These are only a few examples of how hospital malpractice can occur. If you believe that a recent medical injury occurred not only due to the negligent actions of a hospital employee but the hospital leadership as well, the attorneys at Peter Angelos Law can assist you with filing your medical malpractice claim.

Why Do I Need a Medical Malpractice Lawyer?

If you and your family are recovering from the effects of any type of medical malpractice or hospital malpractice, it is vital to know as much as possible about your right to secure compensation for your losses. A medical malpractice claim can potentially allow you to recover any damages resulting from hospital negligence, including:

Increased medical expenses you incurred as a result of negligence. For example, if you were harmed by an incompetent or unqualified doctor and required corrective treatment, you can claim the cost of the resulting medical expenses, including those expenses expected to be incurred as a result of the medical malpractice, into the future.
Lost income resulting from increased recovery time. If your recovery period was extended due to hospital negligence you may lose income while you are unable to work. You can include lost wages in your claim, and you may also claim lost future earnings if your experience left you permanently disabled and incapable of working at all.

It would be exceedingly difficult to handle a hospital negligence claim on your while also dealing with the incident's aftermath. As a result, it is ideal to trust an experienced medical malpractice lawyer to guide you through your proceedings.

What is the difference between hospital liability and doctor liability in medical malpractice cases?

Hospital liability refers to the responsibility of the hospital for the actions of their employees, while doctor liability focuses on the physician's responsibility for their negligence.

What is the statute of limitations for medical malpractice claims in Maryland?

In Maryland, the statute of limitations for medical malpractice claims is three years from the date of injury or five years from the date of discovery, whichever is earlier.