Rosedale MD Medical Malpractice Lawyer
With their extensive training, we expect our healthcare professionals to meet a certain standard in the way they practice medicine. They should be competent and educated in all the current standard medical practices and they should follow them accordingly.
When they do deviate from the standard of care, and things go wrong, it should not be up to the victim to pick up the pieces. Medical malpractice cases can result in complications and injuries that can drastically affect the way that people, live, provide for their families, and ultimately, how much they enjoy their lives. In the most severe of cases, medical malpractice can take a loved one from their family forever.
This is not acceptable, and fortunately, the rules in Rosedale, MD are clear. Maryland medical malpractice rules state that if a medical professional has acted negligently, then the victim has the right to seek compensation for the damages that negligence caused.
If you feel you have been the victim of medical malpractice or negligence, you should get in touch with an experienced medical malpractice attorney as soon as possible for a free consultation. They will be able to answer any questions you have, evaluate your case, and help you with a plan of action.
At Peter Angelos Law, our team of attorneys has dealt with personal injury cases and medical malpractice cases in Rosedale, MD, and across the rest of the state. We have been working with clients in cases just like yours since 1961.
We have won maximum compensation for a long history of happy clients. From simple settlements to complex court battles, whichever direction your case takes, we are prepared and ready to apply the energy and dedication your case deserves.
Peter Angelos - Leading by Example
Ever since our law firm formed in 1961, we have had the honor of being spearheaded by Peter Angelos, a lawyer with a legendary reputation. His achievements are countless, from a $4.5 billion dollar settlement from the tobacco giants to countless victories in the medical malpractice and personal injury arena.
Medical Malpractice Damages
If you have been the victim of medical malpractice or negligence then you may be eligible to seek compensation for both your economic and your non-economic damages.
One of the roles your malpractice lawyers will fulfill is to help you recover these damages accurately. The more skilled they are at doing this and the more experience they have in similar cases, the more accurate their calculations will be.
When your damages are calculated accurately, with supporting documentation, they are harder to dispute and this will make it more likely that you are offered a fair settlement. If the other party refuses to settle, accurately calculated damages will be much harder to argue against in court.
Your economic damages are all the damages that you have suffered that have a physical price attached to them. Your non-economic damages are the ones that do not have a tangible price attached to them. In a personal injury claim, this is where a good attorney will prove instrumental.
Your damages can cover a range of things, such as:
- Medical bills - One of the most important damages to recover are medical bills. Unexpected medical bills can be devastating to families, and it is not fair that you suffer as a result of a negligent medical provider. You can seek compensation for all medical bills you have incurred as a result of the malpractice. This includes treatment, therapy, and all transport to and from the hospital.
- Loss of wages and earning capacity - If the incident has resulted in you taking time off work or worse, has reduced your ability to work permanently, you can recover compensation for this. In a malpractice case, you will be able to recover compensation for all lost earnings, both past, and present. If you cannot work for 12 months, you can seek 12 months' worth of lost earnings. If you can no longer work in the same capacity, you may be able to seek a lifetime of lost earnings.
- Pain and suffering - Pain and suffering is a form of non-economic damage. It can include a range of different things, such as loss of enjoyment of life. An example of this would be if you can no longer carry your child or play a sport you used to play.
- Loss of consortium - In the most tragic of cases, a victim may lose their life in a malpractice incident. In these cases, the victim's family may be entitled to seek compensation for the loss of consortium.
The Definition of Medical Malpractice in Rosedale, MD
Medical malpractice is the term used to describe an incident that arises from the negligent behavior of a medical provider.
In the state of Maryland, you are owed a duty of care by healthcare providers, and when they breach this duty of care, they may be held liable for their actions.
Negligence is a term given to any behavior that can be viewed as grossly substandard. If someone acts in a way that a reasonable medical provider, i.e. another doctor, in the same or similar situation would not have acted in the same manner, it can be seen as negligence.
Four Requirements of a Medical Malpractice Case
You and your attorney will need to be able to prove the following series of events in order to qualify for a medical malpractice case.
- Firstly, you will need to prove that the medical professionals responsible owed you a duty of care.
- Secondly, the medical provider's actions or inactions 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 Forms of Maryland Medical Malpractice Lawsuit
With over 50 years of experience in the personal injury and medical malpractice space, we have seen all forms of medical malpractice in one shape or another. The most common include:
Surgical errors are often the most serious of malpractice cases. Surgeons are trained to the highest possible standards and when they make serious mistakes or act negligently, the results may be fatal.
Often, surgical procedures are carried out before other conservative means of treatment have been exhausted. This may involve surgery being performed before the patient has had a chance to try steroid injections for their pain.
Surgeons can bill significantly more for surgery than other treatment options. This means they commonly suggest surgery over other conservative measures for this reason.
One of the expectations we have when we seek medical attention is that we will be diagnosed accurately and within a reasonable time frame.
If a doctor fails to diagnose a condition quickly or at all, then the consequences can be severe. Delayed treatment of a serious condition can lead to major problems and a failure to diagnose entirely may result in the patient being sent home without their condition being dealt with at all.
When a patient is misdiagnosed, it can create a whole host of problems. The wrong treatment may be given, exacerbating an existing condition.
If patients are fighting serious conditions like cancer or heart problems, the wrong treatment may prove fatal.
Emergency Room Errors
One situation where we need a high level of competency is in the ER. This is often where the most serious injuries are dealt with.
Nurses, doctors, and emergency room employees should be trained to prioritize the right patients. A failure to do so can lead to patients being left with life-threatening injuries for too long, developing further complications, or even losing their lives.
Emergency room staff are under a lot of pressure, but they should still provide a certain level of care. If you feel your injuries were made worse due to being left for a long period of time or a lack of attention in the ER, get in touch with a medical malpractice lawyer.
Newborn babies and their mothers are particularly vulnerable during pregnancy. Extra care should be taken to ensure that they have the best possible chance of reaching birth and a health delivery.
Doctors should ensure they take adequate steps and monitor the fetus correctly during the pregnancy. They should also convert the mother to a c-section if necessary in a timely manner if things do not progress as expected during delivery.
Prescription Medication Errors
When our doctors prescribe our medicine, they should be well educated on all the potential side effects, risks, and interactions. Before they prescribe us the medication, they should sit you down and explain all of these to you.
They should be aware of your current conditions and medication regimen and should ensure that the new prescription does not interact with these.
If you have been prescribed a medication that has caused a negative interaction with conditions or medication the doctor should have known about, it may be seen as negligence.
Additionally, pharmacies are held to high standard when dosing and filling prescriptions. You should be able to have every expectation that your medication was filled as indicated by your prescriber. If you are given the wrong medication or an improper dosage of medication and suffered an injury as a result, you may have a claim for a prescription medication error.
Failure to Inform Patients of Risks
An important step in the consent process is that your doctor, nurse, or surgeon should sit down and inform you of all the possible risks to a procedure or treatment. Only once this has been done should you be able to give your consent in full.
If you have been pushed to give consent without a full explanation of what you are giving consent for and you suffer injury from a known risk of a medical procedure that you were not aware of before the procedure, you might have grounds for a medical malpractice claim. This is especially true if you would not have undergone the procedure had you known of the risks.
During surgery, you will be given anesthesia. This needs to be administered by a professional who has been trained to a high standard as too much or too little can cause serious problems.
You should also be repositioned during any surgery that takes a prolonged period of time. If you are not repositioned, you may wake up with an injury that could have been avoided.
Wrongful Death Claims
In certain cases, medical malpractice can be so serious that the result is the wrongful death of a family member.
When this happens, the family of the deceased may bring a wrongful death claim. 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, or a spouse, child or parent of the deceased.
This allows them to seek compensation for their emotional trauma and grief, loss of services, and care of the deceased.
An estate claim brought by the Estate Representative may also be made for the decedent’s pain and suffering, medical bills and funeral/burial costs.
Medical Record Errors
Your medical records should be kept up to date accurately by your health care providers to prevent medical record errors. These types of errors happen when physicians or staff neglect to appropriately record treatments in a patient’s chart.
Statute of Limitations Time Limit in Rosedale, MD
There is a time limit to file a malpractice claim in Maryland. This is called the statute of limitations.
This means you have three years from the date the error or malpractice injury occurred. If in rare situations, you do not discover the injury until later, you may have more time, but your time to bring a claim must be less than five years from the date the injury occurred or three years from the date it was discovered.
For these reasons, it is extremely important to discuss your potential case with an attorney as soon as you possibly can to avoid having your case barred by the statute of limitations. This means you will no longer be able to make a claim relating to that incident.
Who Can You Bring a Medical Malpractice Suit Against in Rosedale, MD?
You can bring a case against the following professionals as they owe you a duty of care:
- Nursing Homes
- Aids or Assistants
- Healthcare Companies
- Other medical professionals
Filing a Medical Claim
To begin the process of filing any medical malpractice case, you will need to submit a claim to the Director of Maryland Health Claims.
In addition to filing this Claim, you will need to provide a certificate of merit from a medical expert witness that verifies you have a meritorious case and that there has been a breach in the standard of care that caused you an injury.
Once these steps have been met, you are ready to file a lawsuit in Circuit Court.
Your medical malpractice attorney will have access to a panel of different experts in various medical fields to support your claims of malpractice.
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 witness and provide a certificate of merit:
- Firstly, they must be a medical provider with clinical experience in the same field as the medical provider responsible for your injuries.
- Secondly, they must have experience in the field within five years of the incident.
- Thirdly, they may not devote over 25% of their professional time to giving testimony in personal injury matters.
Medical Malpractice FAQs
How long does it take to win a medical malpractice case?
Medical malpractice cases take longer than an average personal injury case to complete. It is not uncommon for them to take several years. This is because of the complexity of the rules and the specific circumstances of each case.
How do patients fund medical malpractice cases?
Usually, when it comes to medical malpractice claims, you will hire an attorney who offers a contingency fee service, also known as no-win-no-fee. This form of payment means that victims do not need to pay any money upfront. You do not pay to obtain their representation and you only pay your attorneys if you win your case. This is similar to personal injury claims.
What happens when a compensation claim doesn't settle?
If your case does end up going to court, your attorney will take all of the evidence they have unearthed in their investigation and use it to convince the jury that your case has merit and you deserve compensation.
Should you accept the first offer of compensation?
Usually, the other party will offer a lower figure of settlement in an attempt to leverage the fact you probably need the money for your bills. Accepting or declining this offer is ultimately up to you, but in most cases, the first offer is lower than their maximum offer. Declining the first offer is usually a smart move. An attorney is very helpful in the negotiation process.
Our Rosedale, MD Medical Malpractice Attorneys May be Able to Help
You should not have to suffer because your medical provider acted negligently. They owe you a duty of care and if they breach that duty; you deserve to seek compensation for your damages.
At Peter Angelos Law, we have been helping victims like you since 1961. We have a long history of victories in the medical malpractice arena, in and out of the courtroom. This means we are prepared for every circumstance.
Call us today at 410-705-2405.