Reisterstown MD Medical Malpractice Lawyer
When we get ill, or injure ourselves and need medical attention, we should be able to seek medical attention in the confidence that our medical providers are competent and well trained. They should be trained to the highest of standards and should provide a service that belies that.
When our medical providers act without due care or with negligence, they should be held liable for their actions, especially if they have deviated from the standard medical practices that they should have followed. This is what we call medical malpractice.
Victims of medical malpractice might end up with more serious injuries than they began with or new injuries entirely. Their conditions may be aggravated by the negligence, and a victim may even lose their life in the worst cases.
Medical malpractice can lead to further medical costs and other damages, such as a loss of enjoyment of life, pain and suffering, and loss of wages and income. It isn't fair that the victim suffers these as a result of the medical provider's negligence, and fortunately, the state of Maryland agrees.
If you have been the victim of medical malpractice in Reisterstown, MD, and wish to begin the process of recovering the damages you have suffered, your best option is going to be to discuss your case with a skilled and reputable attorney.
A good personal injury law firm serving Reisterstown, MD, will be able to assign an experienced medical malpractice attorney to your case. Their job will be to build your case, investigate on your behalf and calculate what your damages are worth in a fair and reasonable manner.
Here at Peter Angelos Law, our team of Reisterstown MD medical malpractice lawyers has over 50 years of experience fighting on behalf of medical malpractice victims in the state of Maryland. From these 50 years, we have developed our skills and knowledge, and can utilize both to tailor a custom strategy for your case.
We want all victims to have the option of seeking strong, reliable representation, which is why we offer all potential clients a free consultation and free case evaluation. We also work on a contingency fee basis, meaning you can retain one of our medical malpractice lawyers without up-front costs. You only pay if we win your case. So call our medical malpractice team today on 410-705-2405
Medical Malpractice: Definition
Medical malpractice happens when a medical provider who owes a duty of care to a patient acts negligently, either by acting without due care or attention or by deviating from the standard medical practices they have been trained to adhere to.
All medical malpractice cases are based on the premise of negligence. That is, the provider acted in a negligent manner.
Negligence, as defined by the WEX legal dictionary, is:
"A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). "
Negligent behavior, simplified, is any behavior that is different from how another reasonable doctor, nurse, or medical provider would have acted in the same situation.
Common Maryland Medical Malpractice Lawsuit Types
Newborn babies are vulnerable to harm from their medical providers, as are pregnant women. Doctors and nurses should take due care and attention when they are examining the pregnant mother and her baby.
Doctors should also screen for potential problems and monitor the fetus throughout the pregnancy.
Another common problem occurs when the doctor fails to convert the mother for c-section in a timely manner when it is necessary, causing complications.
Failed and Delayed Diagnosis
Your doctor should be able to diagnose what is wrong with you quickly and accurately when presented with your symptoms.
A delayed diagnosis may lead to serious problems, as treatment may not be administered quickly enough to work or work as well as it should. A failed diagnosis may mean that patients are sent home without receiving the treatment they need at all.
Just as serious as a failed or delayed diagnosis is a misdiagnosis. When victims are already suffering from a condition, administering the wrong treatment or being sent for the wrong procedure could prove fatal or, at the least, cause further injuries or problems.
Emergency Room Errors
Emergency rooms are chaotic, and all employees that work there need to be competent and capable of handling the high-pressure environment. Small mistakes in the ER can lead to big problems, and when emergency room employees leave patients who should have been prioritized, for a long period of time without being seen, they may suffer further problems.
Medical malpractice claims may be brought against surgeons for a number of reasons. One of the most common being that surgeons will often push patients to undergo surgery before offering them the chance to explore more conservative options like physical therapy or medication. They may do this to increase their billing. So, if you have been pushed into surgery and have suffered a known risk, you may be grounds to make a claim.
When it comes to medical malpractice lawsuits, none are as serious as the wrongful death of a patient.
In these cases, the loved ones and family of the deceased may bring what is known as a wrongful death lawsuit. This lawsuit can be brought by an Estate representative, often a Personal Representative appointed by the court, or a named representative in the decedent’s Will.
This allows them to recover compensation for their emotional trauma and grief, loss of services, and care of the deceased.
Prescription Medication Errors
In order to prescribe medication to patients, a doctor should be well versed and educated in all the side effects, known risks, and interactions that the medication may have with other drugs and conditions.
Before they prescribe you these drugs, they should sit down with you and explain all of this to you in a clear and easy-to-understand manner.
If they have not done so, and you suffer from one of the known risks, or if you have had an allergic reaction that should have been predicted, you should speak to your legal representation.
Patients should be moved regularly during surgery to prevent injury. We often deal with cases where surgeons and nurses in the operating theaters have not taken the time to move patients at set points throughout the surgery. These injuries can easily be prevented by taking due care.
And that is only one example of an anesthesia error that could arise as a result of medical negligence. Some other common examples include:
- Delayed delivery of anesthesia
- Overly prolonged sedation
- Failure to properly inform a patient of instructions for before, during, or after the procedure
- Faulty equipment
- Patient monitoring failures
- Ignoring or quieting the alarm on the pulse oximeter
- Failure to intubate
- Failure to notice adverse drug interactions
- Failure to recognize and/or respond to anesthesia complications
These are all examples of serious breaches of duty of care, and can result in long-term complications to the victim.
Failure to Inform Patients of Risks
If you have been sent for a procedure without all the known risks being explained to you, and you have suffered from a known risk, this is malpractice, especially if you would have refused had you known the risk.
Statute of Limitations for a Medical Malpractice Claim in Maryland
Maryland's statute of limitations dictates the period of time that you have to make a claim before you become barred from making it.
However, it is worth remembering that these are the outer limits, and you should not wait this long to make a claim. You should seek representation immediately after the incident if you want the best possible chances of a successful claim.
Maryland's statute of limitations states you have:
- Three years from the date the malpractice injury or error 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 five years from when the injury occurred or three years from when the injury was discovered.
Four Elements to Prove in a Reisterstown Medical Malpractice Lawsuit
If your case ends up in court, you will be expected, with your attorney, to prove four elements in order for your case to be seen as valid. These elements are:
- You will need to prove that the medical professionals responsible owed you a duty of care.
- The medical professional's actions meant that they breached this duty of care.
- This breach in the duty of care resulted in injury or harm.
- This harm resulted in you suffering an injury that required medical treatment and damages on your behalf.
How to Choose a Good Medical Malpractice Lawyer
If you want the best chances of seeking fair and reasonable compensation following your incident, you should pursue your claim with a reputable lawyer representing you, one who has won similar cases before.
If you have no experience in hiring an attorney or filing a lawsuit, injury victims may find it difficult to decide which law firm they want to represent them.
You should start by obtaining a free consultation from your chosen trial attorney and using this time to ask some questions and make up your own mind about whether you feel confident in their abilities.
During the initial consultation and free case evaluation, here is what you should look for:
- Legal expertise – Make sure that your potential attorney is well versed in the rules and regulations surrounding personal injury, medical malpractice, and wrongful death claims.
- Medical expertise – Make sure your attorney has a solid understanding of the medical field and has access to experts who can assist them in the areas that are more complex.
- Experience – A good law firm will be able to showcase past victories in similar cases and will be happy to show you glowing referrals from previous clients.
Who Can You Sue in a Medical Malpractice Suit in Maryland?
- Aids or Assistants.
- Healthcare companies.
- Nursing homes.
- Other medical professionals.
Initial Steps of Filing a Medical Claim
The initial steps to filing a medical malpractice claim are:
- Submitting your claim to the Director of Maryland Health Claims.
- Obtain your merit certificate from a medical expert who meets all the prerequisites.
- File your lawsuit in Circuit Court.
Certificate Of Merit By A Qualified Medical Expert
In order for a medical expert to be qualified to sign your certificate of merit, they need to meet certain criteria. Your attorney should have access to a wide range of experts they can put you in touch with to do this.
- Must be a professional with clinical experience in the same field as the medical provider responsible for your injuries.
- Must have experience in the field within five years of the incident.
- May not devote more than 25% of their professional time to giving testimony in personal injury matters.
Medical Malpractice FAQs
How much will it cost me to pursue a medical malpractice claim?
At Peter Angelos Law, we believe that everyone deserves access to legal representation if they have been a victim of medical malpractice. That is why we work on a contingency-fee basis and take nothing upfront. We only get paid if your case is successful, at which point we will take a percentage of your settlement. If your case is unsuccessful, then we will receive nothing.
How long will it take for me to receive compensation?
Every medical malpractice claim is unique, and there are a lot of variables to consider that affect how long a case takes to settle. If liability is difficult to prove and injuries are complex, then the case could take several years. Alternatively, the other party may prefer to settle quickly out of court if negligence is clear.
Do all medical negligence cases go to trial?
Not all medical malpractice cases result in a trial, many end in a settlement. However, if your case is particularly complex or the other party is denying responsibility, then you need an attorney who is willing to go the distance and represent you in front of a judge.
Contact a Reisterstown MD Medical Malpractice Lawyer Today
Seeking compensation in a medical malpractice lawsuit requires the assistance of a skilled attorney. When an experienced and reliable attorney is fighting on your behalf, you increase your chances of just and fair compensation.
At Peter Angelos Law, we have a long history of securing full compensation for our clients, even in the most complex cases. To arrange a free consultation with an experienced medical malpractice attorney in Maryland, call us today at 410-705-2405.