Lochearn MD Medical Malpractice Lawyer
When we're sick or injured, we should be able to place trust in our medical providers. Unfortunately, medical providers sometimes deviate from their training and act negligently, causing a worsening of their condition, or even death.
If you have suffered because of the actions or inactions of a medical provider, then you may be forced to endure a long recovery period with increasing medical bills and costs that you did not expect. You may even require additional surgery, or you may be grieving over the tragic loss of a loved one.
If you have suffered because of a medical provider's negligence, then you should not be responsible for the medical bills and other damages that result. You also deserve to be compensated for your pain and suffering.
To fight for the compensation you deserve, you need an experienced medical malpractice attorney who is dedicated to your case. At Peter Angelos Law, we have served Maryland since 1961, during the last 60 years we have helped countless people like you win medical malpractice claims.
How is Medical Malpractice Defined in Maryland?
Medical malpractice is defined in the Maryland Annotated Code, Courts and Judicial Proceedings §3-2A.
All medical providers owe a duty of care to their patients. This means that they are expected to act as a reasonable medical provider would in the same situation. If they act outside of the standards of practice or do not treat you as a medical provider should, then they may have acted negligently.
When a medical provider acts negligently, it is considered medical malpractice. Our medical malpractice lawyers can investigate your case and determine if someone breached their duty of care to you. If they did, then you will be able to recover the damages that you have suffered as a direct result of their actions.
Common Maryland Medical Malpractice Injuries
Over the last six decades, we have won countless medical malpractice lawsuits in all their forms. Here are some of the most common we see:
Emergency Room Errors
Emergency rooms are high-pressure environments. Considering the important care delivered in an emergency room, it is essential that staff remain calm and prioritize patients arriving in order of importance.
Unfortunately, emergency rooms are often understaffed and chaotic, and the result is that those patients who need care are left without treatment for a long period of time. This can sometimes lead to a worsening of their condition and unnecessary pain and suffering.
If you were triaged improperly, and you experienced a worsening of your condition that could have otherwise been avoided, then you may be able to seek compensation.
Oftentimes, emergency room staff fail to correctly diagnose certain medical conditions, depriving a patient of receiving the care necessary in a timely manner. This can result in the worsening of an injury, which if not treated timely, can worsen and result in permanent problems.
Failed and Delayed Diagnosis
A doctor should be able to identify your symptoms and diagnose your condition accurately. If they take longer than a reasonable doctor would have, or they fail to diagnose your problem, then it may cause you unnecessary pain and suffering.
Both pregnancy and labor and delivery are high-risk periods for the mother and newborn. It is essential that medical providers use good judgment and do everything possible to protect their patients.
There are many ways that a doctor or midwife can harm newborn babies and mothers, for example:
- Failing to timely convert a mother for a c-section
- Failing to efficiently and effectively advance labor in the face of complications
- Damage to organs during a cesarean section.
- Failing to monitor fetal monitoring during labor and delivery
- Failing to recognize premature labor
- Failing to prophylactically treat infection at time of delivery
- Failing to recommend high-risk maternal care
- Failing to properly interpret ultrasounds during pregnancy
- The fracturing of a newborn baby's bones during birth.
- Failing to prevent cerebral palsy resulting from loss of oxygen during delivery
- The poor performance of an episiotomy.
- Mismanaged preeclampsia.
- Failure to identify that the mother or baby is in distress, among many other things.
Surgery is a scary for most people and it is important that patients feel confident in the abilities of their surgeons. Medical providers must adhere to high standards and do everything possible to minimize risk to their patients.
Medical errors during surgery are unacceptable. Even a small mistake can lead to a life-threatening infection or ongoing harm.
Surgeons will often pressure patients into undergoing surgery before they have exhausted other conservative measures to treat their condition. If you have suffered a known risk from a surgery and you would have refused the procedure if you had other options, you may have a claim.
Medical Record Errors
Your medical record must be kept up to date with all your treatments and diagnoses, and medical history. This ensures that medical providers do not accidentally double dose your medication or provide you with medication that you have a known allergy to.
This can also happen when physicians or staff neglect to appropriately record treatments in a patient’s chart. Many patients receive improper treatment when there is inaccurate or missing information in a patient’s chart.
We see a lot of cases where patients have been left in certain positions for an extended period of time on the operating table while under anesthesia. If someone is left in the wrong position for too long, you might wake up with a permanent injury as a result. This is an error that could have been prevented if due care was taken.
Prescription Medication Errors
A medical provider who prescribes medication should have a thorough understanding of what they prescribe to patients, including how they interact with other drugs or how their patients might react to them considering their medical history.
A doctor should explain all known risks and side effects of a medication before they prescribe it to you. If they have not, and you have suffered a known risk, you may have a claim.
Failure to Inform Patients of Risks
Prior to performing a procedure, it is essential that your healthcare provider gets consent from you. Before they can secure consent, they must inform you of all the known risks and potential side effects. If they didn't and you gave consent and suffered a known injury, you may have a claim.
How to Choose a Lochearn MD Medical Malpractice Lawyer
If you have suffered from negligence from a medical provider, then you need representation from a law firm with extensive experience in medical malpractice claims. Medical malpractice is more complex than other types of personal injury cases and requires a knowledgeable attorney.
It is important that your attorney has a strong understanding of the medical industry. They should have a good knowledge of the procedures and have access to experts who can act as expert witnesses in your case.
Your medical malpractice attorney also needs to understand the legal issues that are unique to these types of claims.
Finally, your attorney should have handled many cases similar to yours before and already have a successful roadmap on how to pursue your individual claim.
Statute of Limitations for a Medical Malpractice Claim in Maryland
In Maryland, you are restricted by a statute of limitations, which gives you a limited time frame to make a medical malpractice claim.
Most people will have just three years from the date that the injury occurred. However, if your injury did not present itself right away, then you may be able to pursue a claim up to five years from the date of the injury, and no more than three years from when you discovered the injury. However, this is rare and applies to only select circumstances. You should consult a lawyer right away if you believe you have a claim.
The sooner you contact a medical malpractice attorney, the better. They will start to investigate your case immediately and build your claim. Due to the complexity of medical malpractice claims, the earlier you present to a lawyer, the better.
Who Can You Bring a Medical Malpractice Suit Against in Lochearn, MD?
All medical providers owe you duty of care, including:
- Nursing home staff
- Aids or assistants
- Healthcare companies
- Doctors and nurses
- Other medical professionals
Filing a Medical Malpractice Claim in Lochearn Maryland
In order to file a medical malpractice claim in Lochearn, or anywhere in Maryland, strict legal procedures must be adhered to. Failure to act in accordance with the law could negatively affect or claim and even result in dismissal.
The first step is to submit a claim to the Director of the Maryland Health Claims. The next step will be to arrange for a medical expert to sign a "Certificate of Merit," to verify that your claim has validity.
A skilled medical malpractice attorney will guide you through the process to ensure that everything is done accurately. They will have access to medical experts who can review your medical records, identify the negligent care that caused your injuries and ultimately author the certificate and will ensure that your case begins from a place of strength.
Damages Available in a Medical Malpractice Lawsuit?
Victims of medical malpractice will be left with physical and emotional damages, and while there is no amount of money that can get rid of your pain and suffering, it is unjust for you to suffer financially as a result.
Your attorney will ensure that both your economic damages and your non-economic damages are reflected in your settlement.
Economic damages have a clear cost attached to them, such as your medical bills. Economic damages are usually represented by bills and receipts and are easy to quantify.
- Medical Bills - Medical expenses in the United States are notoriously high. You should not be made to suffer financially because of the negligence of a healthcare provider. You can claim for all your past expenses that you incurred as a result of the medical negligence, as well as the potential cost of future treatment. Other expenses should also be considered, such as therapy, rehabilitation and at-home nursing care.
- Loss of Wages - Serious injuries will inevitably result in you having to take time off work and you should be compensated for any loss of wages. If your injury prevents you from returning to work, then your future earning potential should also be represented in your recovery.
Part of calculating the settlement figure and the damages you wish to recover is working out what your non-economic damages are worth. Non-economic damages cover a range of things that are not quantifiable, i.e they do not have a physical and tangible price tag attached.
These damages will include the pain and suffering you have gone through. Things like your emotional distress will also be accounted for, as well as any loss of enjoyment of life.
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:
- Pain and suffering - Pain and suffering damages include physical pain, mental distress and emotional trauma as well as loss of enjoyment of life.
Certificate Of Merit By A Qualified Medical Expert
In order for your medical expert to qualify to sign off your certificate of merit, they will need to meet certain requirements. They include:
- Having clinical experience in the same field as the medical provider you are suing for malpractice.
- Having experience practicing or teaching in that field within 5 years of the date of the incident.
- They must not devote any more than 25% of their professional work time to providing testimony for personal injury matters.
Filing a Wrongful Death Lawsuit Due to Medical Malpractice in Woodlawn, MD
In some of the most tragic cases, medical malpractice may result in the wrongful death of the victim. In these cases, the family of the victim may be eligible to bring a wrongful death claim in order to seek compensation for their loss of their loved one, including, loss of support, grief, and trauma.
If the deceased has named a personal representative, they may bring an estate action, allowing them to claim for the pain and suffering, medical bills, and funeral expenses of the deceased.
Medical Malpractice FAQs
Does someone who is not satisfied with the results of his or her surgery have a viable medical malpractice claim?
Surgery and medical procedures all come with a degree of risk. Medical malpractice claims can only be raised when a medical provider has acted negligently. If they have followed all the standard medical practices to the letter, including warning you of all the potential known risks before obtaining consent, your case may not be considered medical malpractice.
How long do medical negligence claim cases take?
Complex cases such as medical malpractice claims will require a lot of evidence and investigation. Due to their complexity, they can take several years or longer to settle.
Can a medical malpractice case be re-opened after it has settled?
Once you have accepted a settlement, you will forgo the right to seek any more compensation relating to that specific incident. That means you should discuss all settlement offers fully with your attorney before you accept.
How are medical negligence cases funded?
Victims of medical malpractice may be suffering financially as a result. This may prevent them from seeking representation due to the worry of finding the money to retain an attorney. For this reason, most medical malpractice cases are fought on a contingency-fee basis.
What this means is that you will not have to find money up-front for representation and you will not have to pay your lawyer anything if they lose your case. If your case is successful, they will take their fee, a percentage of your recovery as their fee. This will be explained to you in a free initial consultation.
Do all medical negligence cases go to court?
Whether or not a case ends up in court will depend upon a number of factors. If the at-fault party acted negligently in an easily proven manner, the other party may accept the liability and settle out of court in order to avoid a costly legal battle at trial that they may lose.
If your case is complex and liability is strongly contested, there is a good chance you will need to go to court to fight your case.
This is one of the reasons a good attorney is worth retaining. In some cases, the other party may decide to settle, simply because of the reputation of your attorney, especially if they have a lot of victories in complex cases under their belts.
Our Maryland Medical Malpractice Attorneys May be Able to Help
At Peter Angelos Law, we have served the state of Maryland since 1961, giving us over 60 years of experience fighting on the behalf of clients in similar circumstances to yours.
We prioritize the attorney-client relationship. This means we take time to educate and inform our clients on the different aspects of their case, and the strategy we plan to use to win their case.
We have a long history of success and one of our skilled medical malpractice attorneys is ready to help.
Call us today at 410-705-2405.