You know our name from TV and the internet. We speak with potential medical malpractice clients every day. We often get the same questions so I thought it would be a good idea to answer them in this blog.
1. Does Medical Malpractice Mean That A Doctor Did It On Purpose?
No. Malpractice can be a confusing term because it suggests that it was done on purpose. When I get this question, I explain that it should really be called medical negligence because there is no requirement of proof of any intentional act.
2. Why Is A Doctor Expert Required?
We get this question a lot. Under Maryland Law, a case cannot move forward unless a doctor is willing to testify that there was medical negligence. The doctor must meet certain requirements in order to qualify but an expert it is necessary.
3. Where Did The “Cap” On Damages Come From?
This is part of every discussion we have with clients. Maryland law has limits on the amount of certain types of damages, known as pain and suffering. This is known in lawyerspeak as the “cap.” It does not come from the doctor or hospital or insurance companies. It is a law that was passed by legislators in Annapolis.
4. Is Wrongful Death Medical Malpractice?
It can be. When someone dies from medical malpractice, that case is called wrongful death. Not all wrongful death cases are from medical malpractice. For example, if someone is killed in an auto crash, that would also be a wrongful death case.
5. Why Is There A Time Limit On Medical Malpractice Cases?
This is known as the statute of limitations or a deadline. Some people have asked us who made up this limit? In Maryland, the general rule (there are exceptions) is a 3 year time limit to file a lawsuit. Just like the “cap” this time limit is part of our laws made in Annapolis. It is not a time limit imposed by a doctor or hospital or insurance companies.