If you or a loved one has suffered harm due to a healthcare provider’s mistake in Maryland, you may be wondering about your legal options. Medical negligence claims – often referred to as “medical malpractice” – can be complex, but understanding the basics can help you navigate this challenging process. In this guide, we’ll explore what constitutes medical negligence, the claims process in Maryland, and how a top-rated personal injury lawyer can help you seek justice.
What is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to provide the standard of care that a reasonably competent practitioner would have provided under similar circumstances. This can include errors in diagnosis, treatment, surgeries, aftercare, or health management. Some common examples of medical negligence in Maryland include:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication mistakes
- Birth injuries
- Emergency room errors
The Medical Negligence Claims Process in Maryland
If you believe you’ve been a victim of medical negligence, here’s an overview of how your claim may progress:
- Consult with a Medical Malpractice Attorney: The first step is to speak with an experienced Maryland medical malpractice attorney. We step you through our intake process which we carefully designed to ask the right questions and gather the relevant information about what happened. We then apply our knowledge and experience to assess your unique situation. This helps us reach a preliminary determination whether you may have meritorious grounds for a claim.
- Gather Evidence: We will coordinate the collection of relevant medical records, expert opinions, and other evidence to support your claim.
- Obtain a Certificate of Qualified Expert: In order to protect against frivolous lawsuits, Maryland law requires that a qualified medical expert certify that your healthcare provider deviated from the accepted standard of care, and that the deviation in standard of care caused your injury.
- Conduct Discovery: Once your lawsuit is filed, the discovery phase begins. Discovery is critically important. Cases can be won or lost during discovery. Having an experienced lawyer will always improve your odds. A defense attorney may want to take your deposition. Our lawyers are well prepared to take and defend depositions.
- Negotiate or Litigate: We may attempt to negotiate a settlement with the healthcare provider’s insurance company. Often this involves a confidential mediation with the aid of a retired judge or respected lawyer. If a fair settlement can’t be reached, we will prepare your case for trial.
- Recover Damages: If successful, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages related to the negligence.
Types of Medical Negligence Cases in Maryland
- Surgical Errors
Surgical errors can have devastating consequences. Common surgical mistakes include surgeons confusing a patient’s anatomy, performing unwarranted procedures, operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding organs and tissues. If you’ve been a victim of a surgical error in Maryland, you may be entitled to compensation for additional medical treatments, lost wages, and pain and suffering.
- Failure to Diagnose Lawsuits
When a doctor fails to diagnose a condition or provides an incorrect diagnosis, it can lead to delayed treatment and worsened outcomes. Failure to diagnose cases are particularly common with serious illnesses like cancer, heart disease, and stroke. Failure to diagnose cases are also seen when a patient has a rare condition and a doctor negligently omits it from their differential diagnosis. Failure to diagnose mistakes can be made by a physician in a hospital or outpatient setting, but also by physicians in laboratories or when reviewing radiology images. We can help you understand if your case qualifies for a failure to diagnose lawsuit.
- Birth Injury Claims
Birth injuries can result from negligence during pregnancy, labor, or delivery. Conditions like cerebral palsy or Erb’s palsy may be caused by medical mistakes. As Maryland birth injury lawyers, we can help families seek compensation for long-term care and support for children affected by birth injuries.
- Emergency Room Mistake Cases
The fast-paced environment of emergency rooms can lead to preventable errors in triage, diagnosis, or treatment. If you or a loved one has suffered due to an emergency room mistake in Maryland, you may have grounds for a medical negligence claim.
- Medication Error Malpractice
Medication errors can occur when doctors prescribe the wrong medication, pharmacists fill prescriptions incorrectly, or nurses administer medications improperly. These mistakes can lead to serious harm or even death.
How a Top-Rated Personal Injury Lawyer in Maryland Can Help
Navigating a medical negligence claim can be challenging, which is why it’s crucial to work with a top-rated personal injury lawyer in Maryland. As experienced attorneys we can:
- Evaluate your case and determine if you have grounds for a claim
- Gather and analyze medical records and other evidence
- Consult with medical experts to build a strong case
- Handle all communication and negotiations with insurance companies and their lawyers
- Represent you in court if a fair settlement can’t be reached
Conclusion
If you believe you’ve been a victim of medical negligence in Maryland, don’t hesitate to contact us. The statute of limitations for medical malpractice claims in Maryland is generally three years from the date the injury was discovered, so it’s important to act promptly. We can guide you through the claims process and help you fight for the compensation you deserve. Remember, you don’t have to face this challenging time alone – expert legal support is available to help you seek justice and move forward with your life.