Woodlawn MD Medical Malpractice Lawyer
Woodlawn MD Medical Malpractice Lawyer
While there are risks associated with most medical treatments and procedures, patients should never be left worse off than they began due to the negligent behavior of their medical provider.
If you have suffered injury or further complications due to medical malpractice, it is not right that you are left dealing with medical bills and other damages as a result. You deserve to recover these damages, seeking compensation for your pain, suffering, and emotional trauma.
Medical providers are expected to have a certain level of competency and when they fail to do so, you have the right to seek compensation.
If you feel that you have been the victim of medical malpractice and you are unsure if you qualify to make a claim, your first step should be to seek representation from a skilled and experienced medical malpractice lawyer.
At Peter Angelos Law, we have fought on behalf of medical malpractice clients for over 60 years. Founded in 1961, we have a long history of winning sizeable awards for our clients.
We prioritize the client-attorney relationship here and that means we place a high value on communication. We keep our clients informed and educated throughout the whole process so that they can make the best, informed decisions.
What Defines Medical Malpractice in Woodlawn, MD?
In Woodlawn, MD medical malpractice refers to any substandard behavior carried out by a medical provider that has a duty of care to a patient.
Medical providers are expected to follow the accepted standards of medical practice. If it is found that they deviated from these practices, they have breached their duty of care to their patient. This is negligence and may lead to their patient suffering injury.
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".
What is the Difference Between Medical Malpractice and Medical Negligence in Maryland?
All medical providers are expected to act in a "reasonable" manner. If they engage in grossly substandard behavior, in a way that another "reasonable" medical provider would not have acted in the same situation, they can be found liable for their negligence.
If you have suffered an injury, and you are unsure whether your case was due to medical malpractice, an experienced medical malpractice lawyer will be able to evaluate your case and advise if it involved medical negligence.
Four Elements to Prove in a Medical Malpractice Case
For you to succeed in a medical malpractice case, you and your attorney will need to prove four things.
- 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
Medical professionals should be competent enough that they can diagnose a condition or illness in a timely manner when presented with the symptoms.
If the condition is not diagnosed quickly, it may mean that treatment is not administered as quickly as it should. This might mean the treatment does not work as well as it should or that the treatment fails to work full stop.
If a doctor fails to diagnose a condition, the patient may be sent home without receiving treatment.
If a doctor incorrectly diagnoses a condition, it can have terrible consequences for the patient. They may be given the wrong treatment or sent for the wrong procedure, both of which can further worsen the original condition.
In certain cases where the patient is suffering from serious illnesses, the wrong treatment could prove fatal.
Emergency Room Errors
Emergency rooms will have a steady flow of oncoming patients that need to prioritized in order of severity. Emergency room employees need to be able to keep their calm under this pressure and ensure that patients are seen to in a timeframe that befits their injury.
When they fail to prioritize correctly, it can lead to patients being left in the waiting room for longer than they should. This may lead to an injury worsening or further complications that could have been prevented.
If you feel that you have been left in the emergency room for longer than you should have been left and your injury was made worse by the failure to properly triage, you might have grounds for a claim against the emergency room employees.
During the pregnancy and during labor and birth, both newborn babies and their mothers are vulnerable and at risk of injury. Doctors need to ensure that they act with due care and attention in order to protect their patients.
Doctors need to ensure that they monitor the fetus correctly, screening for potential problems. They also need to ensure that they convert the mother in a timely manner if they are going to need a c-section. It is also important that they correctly and attentively monitor the baby and mother during the labor and delivery process. Many birth injury cases involve a physician’s failure to appropriately review and interpret fetal monitoring.
During the birth, they must also ensure that they follow the right procedures and take every precaution necessary, as negligent behavior can lead to life-altering injuries, the death of the child or the death of the mother.
Prescription Medication Errors
As a patient, it is not your responsibility to educate yourself on the potential side effects and risks of a potential medication. This is a role that your medical provider should fill. Before prescribing you a medication, part of their duty of care to you should include sitting down with you and explaining what the potential medication does. They should explain the risks and what the potential side effects are and should check to see that there are no interactions with previous conditions or current medications.
If you have suffered from a known risk or side-effect of medication and you were not told about the risks, this could qualify you for a medical malpractice claim. The same is true if you were given a prescription that contained an allergen you were known to be allergic to and you had a negative reaction.
Surgery should always be the last option offered to you. If there are any other conservative measures, you should be offered them first. This includes things like medication or physical therapy.
The smallest mistakes can lead to serious injury and lifelong complications in the operating room. These injuries might affect the patient for a long time to come.
Sometimes surgeons will try to convince patients that the surgery should be done in order for them to maximize their billing.
If you have suffered from a known side effect or risk from a procedure and it is found that you could have explored other options first, you could have a claim.
Failure to Inform Patients of Risks
Medical providers must obtain consent from patients before they give medication or send a patient for a procedure. To give valid consent, there are certain prerequisites that must be met:
- Your medical provider should sit down with the patient and explain why they need the medication or procedure.
- All known side effects and risks should be disclosed to the patient so that they can make an informed decision.
- The patient should be given the opportunity to ask any questions they may have.
If you have undergone a procedure and have suffered a known risk or side effect that you had no knowledge about and you that would have declined the procedure if you had known about it beforehand, you may have grounds for a claim.
For surgical procedures, you are given anesthesia to ensure that you have no physical sensation or feeling. To give anesthesia, an individual must be trained in its administration.
During longer surgeries, you should be repositioned on the operating table to avoid injury. When this is not done correctly or regularly, you could suffer from permanent deformities or wake up with an injury.
Medical Record Errors
Keeping your medical records up to date and accurate is one aspect of care your medical providers owe to you. By keeping your medical records up to date, they help prevent medical errors.
Common medical errors include being dosed twice with medication or being given medication that you are allergic to when it should be noted on your records that you have an allergy.
Who Can You Bring a Medical Malpractice Suit Against in Woodlawn, MD?
The following medical providers owe you duty of care:
- Nursing Homes
- Healthcare Companies
- Aids or Assistants
- Many other medical professionals
What Damages Can You Recover Through a Medical Malpractice Lawsuit?
When it comes to recovering damages following a medical malpractice incident, your attorney will look at both your economic and non-economic damages.
Your economic damages have some form of cost attached to them. The main example of this would be your medical bills. Economic damages can be calculated by adding the physical figures up. This makes it essential that you keep your receipts and bills.
Non-economic damages are more complex and include all the damages that do not have a clear monetary figure attached. Non-economic damages can include any pain you have suffered, any emotional trauma, as well as any loss of enjoyment of life you may be dealing with.
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:
- Medical bills - Medical bills can quickly add up and once they are higher than your medical cover, it can lead to difficult decisions. You should not be left out of pocket for your medical bills due to a medical provider's negligence. You can claim for all past, present, and future bills, including treatment costs, procedure costs, and the costs of therapy and rehabilitation.
- Loss of wages and earning capacity - If the injury means you can no longer work in the same capacity as you used to, this can lead to lost wages. Your attorney will help you calculate how much you have lost or stand to lose and seek compensation.
- Pain and suffering - Your pain and suffering damages cover things like physical pain and suffering, disfigurement, mental anguish, as well as a loss of enjoyment of life.
Filing a Medical Malpractice Claim in Maryland
There is a procedure that you must follow in order to pursue a malpractice claim against a medical provider in Maryland.
The very first step is that you must submit a Claim to the Director of the Maryland Health Claims.
The next step will be to seek a medical expert who can sign a "Certificate of Merit". This certificate verifies that you have a reason to claim that is valid.
If you are unsure about the process, you should get in touch with a skilled medical malpractice attorney from a reputable law firm. They will know how to submit your claim and will have a panel of medical experts who they can recommend for the signing of the certificate.
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 5 years of the incident.
- Thirdly, they may not devote more than 25% of their professional time to giving testimony in personal injury matters.
Filing a Wrongful Death Lawsuit Due to Medical Malpractice in Woodlawn, MD
The wrongful death of a loved one is the most tragic outcomes that can occur following an incident of medical malpractice.
In these tragic circumstances, the family of the deceased may be eligible to bring a wrongful death claim to seek compensation for their grief and trauma associated with the loss of the deceased family member.
If the deceased has named a personal representative, they may bring an estate action, allowing them to claim for the decedent’s pain and suffering, medical bills and funeral expenses.
Medical Malpractice FAQs
Does someone who is not satisfied with the results of his or her surgery have a viable medical malpractice claim?
Just because you are unsatisfied with the result of your treatment or surgery does not mean you automatically qualify for a claim. For medical malpractice to have occurred, there must have been a breach in the duty of care, a deviation from the standard of medical practices, and damages incurred as a result of that negligent behavior.
How long do medical negligence claim cases take?
There are a lot of variables in a medical negligence case, and these variables make each case unique. Most medical malpractice cases, however, may take several months or years to settle.
Can a medical malpractice case be re-opened after it has settled?
If you accept a settlement, you agree to forgo any legal action regarding the incident from that point onwards.
How are medical negligence cases funded?
In order to allow victims to obtain representation, regardless of their financial situation, most attorneys work on a contingency fee basis when representing clients in medical malpractice cases.
This means that you do not have to pay for representation up front, or at all if your case is not successful. If your attorney does win your case, they will take a percentage of the settlement they win for you, discussed in the initial free consultation.
Do all medical negligence cases go to court?
Not every case will proceed to the courtroom. In cases where the at-fault party was clearly liable, the insurance companies may decide to settle out of court as it will cost them less than a lengthy battle.
If the case is more complex, and the liability is in question, there is a good chance the case will proceed to the courtroom.
Our Maryland Medical Malpractice Attorneys May be Able to Help
Here at Peter Angelos Law, we have been fighting for medical malpractice and personal injury victims for over 60 years.
We have significant knowledge of the medical profession and the state's medical malpractice rules. This means our skilled attorneys are fierce advocates for medical malpractice victims.
We will ensure you are kept informed and educated throughout the entire process.
Call us today at 410-705-2405.