Towson Medical Malpractice Lawyer
When we place our trust in medical professionals, we expect a certain level of competency and we expect them to follow the standard medical practices they have been trained to follow.
However, this is not always the case. When healthcare professionals deviate from their training and the standard medical practices, the results may be further complications, injuries, or even the wrongful death of a patient.
If you are dealing with the aftermath of a medical malpractice incident, you might be looking at a long recovery period, additional courses of rehabilitation, and medical bills that you were not prepared for.
As an innocent victim, you should not be responsible for the medical bills that result from your healthcare professionals' negligence.
Fortunately, in Towson, MD you are covered by the same rules as the rest of the state of Maryland and this means that you may be entitled to recover financial compensation for your damages, both economic and non-economic.
At Peter Angelos Law, we have been serving the state of Maryland since 1961, giving us over 50 years of experience in dealing with cases just like yours. During this period, we have successfully fought and won cases for countless victims of medical malpractice.
We have extensive experience and knowledge of the complicated medical malpractice rules that are in place in Towson, MD.
This experience, paired with an impeccable approach to the client-attorney relationship, allows us to advocate fiercely on behalf of our clients.
Peter Angelos - A Legendary Reputation
Incredible law firms usually begin with a single incredible attorney, and here at Peter Angelos Law, we are no different.
With over 50 years of experience, Peter Angelos has countless victories in the personal injury arena. From fighting on behalf of single clients, injured in medical malpractice cases, to winning $4.5 billion dollar settlements against the tobacco industry, Peter Angelos is a people's champion.
How Does Maryland Define Medical Malpractice?
Medical malpractice can take a variety of different forms, but at the core, we define it as a "failure to provide the same level of skill and care as another reasonable professional would have in the same situation.”
Every medical professional has a duty of care to those that they treat. When they act negligently, they breach this duty of care and this may mean that they are liable for the damages their negligence causes.
The duty of care essentially demands that they follow the standard medical procedures and practices they were trained to follow. If they act with carelessness, they may be found negligent. If they deviate from the standard practices, they may have committed malpractice.
To act negligently, you are acting in a manner that is grossly substandard from how a reasonable medical provider would act in the same situation.
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 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
Over 50 years of fighting on the behalf of our clients, we have seen medical malpractice in all its forms. Here are the most common:
During the pregnancy, both the newborn baby and the mother are at an increased risk of injury, and often, the risk comes from the healthcare professionals whose job it is to make sure they are healthy and safe.
There are many ways that a doctor may cause harm to either the baby or the mother during this vulnerable time.
They might fail to timely convert a mother for a c-section, fail to pay close attention to fetal monitoring, or harm the baby physically during the labor and delivery process.
Failed and Delayed Diagnosis
Your doctor should be able to spot symptoms quickly and diagnose the problem accurately. This is the duty of care they owe to you. If your doctor takes longer than they should to diagnose a problem, the condition may worsen.
If a doctor fails to diagnose the problem entirely, they may fail to treat the condition, sending the patient home without them receiving the care they need.
Often more dangerous than a failed or delayed diagnosis is a misdiagnosis.
If your doctor has misdiagnosed your problem, you may be given the wrong medication.
For patients who have a serious condition, being given the wrong medication may prove fatal or lead to terrible side effects and further problems.
Emergency Room Errors
All emergency room employees and nurses should be competent individuals that do not struggle under pressure. They should be able to prioritize the oncoming flow of patients in order of importance.
Sometimes, however, the emergency room is understaffed or the nurses working are under too much stress. The result may be poor prioritization, with patients who need to be seen immediately being left too long.
When this happens, their conditions may become more severe and the treatment they need may not come quickly enough.
If you have been left for a long period of time without being seen, and you suffered injuries as a result, you may be able to recover compensation.
You should be able to enter surgery with the full confidence that your surgeon is capable and competent. There may be risks attached to your surgery, but your surgeon should follow the standard medical practices they have been taught, reducing the risks to the minimum.
Surgical errors caused by negligence are unacceptable, especially as small mistakes in the operating theater can result in severe injuries or fatality.
In many cases, surgery is performed long before other conservative measures have been exhausted. Often a patient will undergo surgery before they have been given the opportunity to try therapy and medication.
Surgeons may fail to recommend safer alternatives so that they can increase their billing.
In extremely traumatic cases, medical malpractice can lead to the wrongful death of a loved one.
In these cases, the family of the deceased may bring what is known as 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.
This allows them to seek compensation for their emotional trauma and grief, loss of services, and care of the deceased.
Prescription Medication Errors
Your doctors should have a comprehensive understanding of all of the medication that they prescribe to their patients. This includes the interactions with other drugs and the interactions with a patient's previous conditions.
If your doctor has prescribed a round of medication and you have had adverse side effects as a result of the drug interacting with your other medication or conditions, you should speak to a medical malpractice lawyer.
To be able to administer anesthesia, both nurses and doctors need to be fully educated, qualified, and trained.
We see a lot of cases where patients have been left in certain positions upon the operating table. If left in the wrong position for too long, you might wake up with an injury as a result. This is an error that could have been prevented if due care was taken.
Failure to Inform Patients of Risks
In order to perform a procedure, your doctors must obtain consent from you. To obtain this consent, they need to educate you on all the known risks, the details of the procedure, and any potential side effects. Only once they have explained all of this should you be able to give consent.
If you have been pushed to give consent before all of the procedure was explained to you and you suffered a known risk, the consent may be void and you may have a claim, as the procedure should not have been carried out, especially if you would have refused it had you known the risk.
Medical Record Errors
Your doctors and nurses should keep an up-to-date record of the treatment they are giving you and the hospital should keep an accurate medical history. When physicians or staff neglect to appropriately record treatments in a patient’s chart, medical errors can easily happen.
This prevents accidents from happening, such as a double dosage of medicine or a previous health condition being missed by your doctors. It should not be down to you to inform your doctors about your medical history.
How to Choose a Good Medical Malpractice Lawyer
If you have been the victim of malpractice or negligence, your first step should be to obtain representation from a reputable law firm that has experience in medical malpractice cases.
These cases are a lot more complicated than your typical personal injury claim and this means your choice of law firm is going to be instrumental if you want to maximize your chances of success.
When seeking an attorney, you should be looking at:
- Legal expertise – There are certain legal issues that come into play in a medical malpractice case that are unique. These issues usually mean that a malpractice or negligence case will take longer to settle or complete, often over three years. This makes it important to seek representation from an attorney that knows how to keep the case moving forward at as swift a pace as they can manage.
- Medical expertise – Your medical malpractice lawyer should also have a strong understanding of the field. They should have knowledge of the procedures and the science behind the treatments. They should also have access to experts in the field that can act as your expert witness.
- Experience – You should look at your attorney's track record before hiring them. A good attorney will have glowing referrals and a long history of proven victories in cases similar to yours.
Statute of Limitations for a Medical Malpractice Claim in Maryland
You are bound by strict time limitations to bring a medical malpractice claim in Towson, MD.
You must act quickly. With cases that require evidence and outside expert support, the sooner you get in touch with your attorney, the better they will be able to investigate on your behalf. This will ultimately lead to a stronger case that is harder to dispute.
Marylands 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 the date the injury occurred or three years from the date the injury was discovered.
These deadlines are crucial and must be followed. If you believe you have a case for medical malpractice you need to speak to an attorney immediately or you risk forever barring your case.
Proving Medical Malpractice Claims in Maryland
If you want to bring a case against a medical professional in the state of Maryland, you will be expected to prove four factors:
- As a patient, you were owed a duty of care by your health care providers.
- The health care providers that owed you a duty of care breached it with their actions and/or inactions.
- Their actions and/or inactions caused you either physical, emotional or mental trauma/injury directly.
- The result of this breach in the duty of care has resulted in a measurable injury that needed medical treatment and caused you tangible damages.
If you can prove these factors, then you have a valid case.
Who Can You Sue in a Medical Malpractice Suit in Maryland?
Here are some of the medical professionals that owe you a duty of care:
- Aids or assistants
- Healthcare companies
- Nursing homes
- Other medical professionals
Filing a Medical Claim
To start the process of filing your medical malpractice case, you need to submit a claim to the Director of Maryland Health Claims.
After you have submitted this, your next steps will be to obtain a certificate of merit from a medical expert that verifies your case is valid.
Once these steps have been met, you are ready to file a lawsuit in Circuit Court.
Your medical malpractice attorney will be able to put you in touch with the necessary experts 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 healthcare professional 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 more than 25% of their professional time to giving testimony in personal injury matters.
Medical Malpractice FAQs
How long do medical negligence claim cases take?
No two medical malpractice cases are the same. This means that every case is unique and has its own unique series of events and circumstances. Medical malpractice cases usually take longer than most other cases.
How are medical negligence cases funded?
At Peter Angelos Law, we work on a no-win-no-fee basis. Also known as a contingency fee basis, this essentially means that we do not take payment upfront. It also means we only take a payment if we win your case for you. If you win a settlement, we will take a percentage as our payment. This allows clients to seek compensation without the risk of financial costs if they lose.
Do all medical negligence cases go to court?
No, many cases end up settling outside of court, especially when your attorney has built a strong case on your behalf.
Our Towson, Maryland Medical Malpractice Attorneys May be Able to Help
Seeking compensation for a medical malpractice issue is a long and complex process, one that should not be taken lightly.
For your best chances of success, you should employ a reputable and skilled law firm to represent you.
Here at Peter Angelos Law, our firm is made up of aggressive attorneys, with a fierce reputation. With countless wins in tricky and difficult cases and experience that span 50 years, we are prepared to seek the full and maximum compensation on your behalf.
Call us today at 410-705-2405.