Medical malpractice cases can be complex, not to mention stressful. To win a medical malpractice case in Maryland, you must show that a healthcare provider was negligent and that this negligence caused harm. To do this, you'll need to establish four main elements were present:
- Duty of care
- Breach of duty
- Causation
- Damages
In 2020, Maryland saw 603 medical malpractice suits filed, and preventable medical errors kill thousands of Maryland residents every year, making it clear that medical professionals need to be held accountable.
Do I Have a Case for Medical Malpractice?
To successfully prove a medical malpractice case in Maryland, each of these components plays a critical role in demonstrating that the healthcare provider's actions—or lack thereof—caused harm:
- Duty of Care: The first element is the duty of care, which means that the healthcare provider has a legal obligation to provide treatment that meets a standard of care appropriate for the patient's condition. In other words, the doctor, nurse, or hospital must have been responsible for the patient's well-being under typical medical standards.
- Breach of Duty: Next is a breach of duty, which occurs when a healthcare provider fails to meet the standard of care. A breach can include errors in diagnosis, treatment, or aftercare that fall below what a reasonably competent professional would have done under similar circumstances.
- Causation: Causation links the breach of duty to the injury or harm suffered by the patient. It's not enough to show that the provider made a mistake—you must prove that the error directly caused the patient's injury or worsened their condition.
- Damages: Lastly, you need to prove damages, which means demonstrating that the patient suffered significant harm, such as physical injury, emotional distress, or financial losses, as a direct result of the provider's negligence. These damages often include medical bills, loss of income, or ongoing care expenses.
Understanding and proving these elements is incredibly difficult on your own, which is why hiring an experienced Baltimore medical malpractice lawyer is a good idea to do this for you.
Types of Damages You Can Claim in Maryland
When pursuing a medical malpractice claim in Maryland, you can seek two primary types of damages: economic and non-economic. Each category compensates for different kinds of losses related to the malpractice.
Economic damages are tangible, financial losses that can be calculated and documented. These are intended to cover the actual costs resulting from the harm caused by medical negligence.
Common examples include:
- Medical Expenses: These include the cost of past and future medical treatments, such as surgeries, hospital stays, rehabilitation, prescription medications, and ongoing care related to the malpractice incident.
- Lost Wages: If the malpractice caused you to miss work or left you unable to return to your job, you may claim compensation for lost income, including future earning potential.
- Home Care and Assistance: In cases of severe injury, you may need long-term in-home care, modifications to your home, or other assistive services, which are all recoverable under economic damages.
Non-economic damages compensate for intangible losses that are harder to quantify, but equally impactful. These damages address the emotional and psychological effects of the malpractice, such as:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury, including any long-term or chronic pain.
- Loss of Enjoyment of Life: This applies when the malpractice leads to a diminished quality of life, by affecting your ability to enjoy activities or personal pursuits.
- Loss of Consortium: Family members, typically spouses, may claim damages for the loss of companionship, emotional support, and affection resulting from the malpractice.
Maryland's Caps on Non-Economic Damages
Maryland law places a cap on non-economic damages in medical malpractice cases.
In any action for damages for personal injury (which includes medical malpractice) in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. However, this cap increases by $15,000 every year.
So, from October 1st, 2024 to September 21st, 2025, the cap is $950,000.
While there is no cap on economic damages, the state-imposed limitation on non-economic damages can significantly impact the total compensation available in a medical malpractice case.
Common Types of Medical Malpractice
Medical malpractice can take many forms, often resulting in severe consequences for patients. Here are some common types of claims:
- Misdiagnosis: Misdiagnosis occurs when a healthcare provider incorrectly identifies a condition, leading to delayed or inappropriate treatment. Results can include unnecessary procedures or failure to address the real issue promptly.
- Surgical Errors: Surgical errors include operating on the wrong site, leaving instruments inside the patient, or performing unnecessary surgeries. These mistakes can lead to long-term complications or life-threatening injuries.
- Medication Errors: Medication errors involve giving the wrong drug or an incorrect dosage, or causing harmful drug interactions. Such errors can cause severe side effects, worsen conditions, or trigger dangerous reactions.
- Birth Injuries: Birth injuries arise from mistakes during labor or delivery that harm either the mother or child. Common issues include brain damage, fractures, or nerve injuries that may result in lifelong disabilities.
- Failure to Treat: Failure to treat occurs when a provider diagnoses a condition but does not provide adequate treatment or follow-up care, which can worsen the patient's health, especially when timely intervention is critical.
- Anesthesia Errors: Anesthesia errors, such as improper dosing or inadequate monitoring, can have dire consequences. These mistakes may lead to brain damage, paralysis, or even death.
No matter the type of medical malpractice a health care provider has caused, we have a DC medical malpractice lawyer available to help you file a lawsuit
What Evidence is Needed for Proving Malpractice?
Proving medical malpractice in Maryland requires compelling evidence to show that a healthcare provider's negligence caused harm. Key types of evidence include:
- Medical Records: These documents detail your treatment history, including notes, test results, and procedures. They help establish the standard of care, identify errors, and link the provider's actions to your injuries, so it's important to obtain complete copies from all involved providers.
- Expert Testimony: An expert in the relevant medical field must review your case and provide an opinion on the standard of care, how it was breached, and how that breach caused your harm.
- Certificate of a Qualified Expert: Maryland law requires this certificate to be filed within 90 days of your claim, confirming that a medical professional believes the defendant's actions fell below the standard of care. Failure to provide this certificate can lead to case dismissal.
- Documentation of Damages: You need evidence of your damages, such as medical bills, proof of lost wages, and statements about pain or emotional distress caused by the malpractice.
- Witness Testimony: Testimony from medical staff, family, or others who witnessed the breach of care can provide additional context and support for your claim.
Initial Steps to Take If You Suspect Medical Malpractice
If you suspect medical malpractice, it's essential to act quickly to protect your rights and strengthen your case. Here are important steps to follow right away:
- Document Your Experience: Keep detailed notes about your treatment, including dates, provider names, procedures, medications, and any changes in your health. This documentation will help you remember important details and provide your attorney with a clear timeline of events.
- Obtain Medical Records: Request copies of all treatment-related records, such as doctor's notes, test results, and prescriptions. These documents are essential for identifying any errors or omissions that could support your claim.
- Seek a Second Opinion: Consult another healthcare provider to evaluate whether your original treatment met the standard of care. This second opinion can validate your concerns and serve as key evidence in your case.
- Consult a Medical Malpractice Attorney: Speak with an experienced attorney at Frank Spector Law. Frank and his team will assess your situation, guide you through the legal process, and ensure you meet important deadlines.
- Avoid Contact with the Suspected Provider: Do not communicate directly with the healthcare provider in question. Let your attorney handle all correspondence to prevent any statements that could negatively impact your case.
- Gather Witness Statements: If other individuals witnessed your treatment or its effects, gather their statements. Their accounts can provide additional support for your claims.
- Research Relevant Laws: Familiarize yourself with Maryland's medical malpractice laws, including statutes of limitations and specific legal requirements. Knowing these laws can help you better tackle your case.
- Stay Organized: Keep all documentation, correspondence, and evidence organized in one place. This will make it easier for your attorney to review your case and prepare any necessary filings.
- Monitor Your Health: Continue to seek medical attention for any ongoing issues related to the suspected malpractice. Documenting your health status can be important for establishing damages in your claim.
- Follow Up Regularly: Keep in touch with your attorney to stay updated on your case's progress. Regular communication ensures that you are informed and can respond promptly to any developments.
Who Can Be Held Liable in a Medical Malpractice Lawsuit?
Multiple parties can be held responsible in a medical malpractice lawsuit, depending on who was involved in the patient's care. These parties can include:
- Doctors and Surgeons: The primary healthcare providers, like doctors and surgeons, can be liable if they fail to provide the proper standard of care.
- Nurses and Medical Staff: Nurses and other staff may be responsible for mistakes, such as medication errors or improper patient monitoring.
- Hospitals or Facilities: Hospitals can be held accountable for issues such as understaffing or inadequate safety procedures.
- Pharmacists: Pharmacists may be liable for incorrectly filling prescriptions or missing harmful drug interactions.
- Consultants and Specialists: Specialists providing incorrect advice or misdiagnoses can also be held responsible.
- Medical Device or Drug Manufacturers: In cases involving defective products, manufacturers may share liability if their device or drug causes harm.
Frank Spector and his team are on hand to identify the liable parties on your behalf. Please contact us today for your free consultation
What is the Statute of Limitations for Medical Malpractice in Maryland?
In Maryland, the statute of limitations for filing a medical malpractice claim is generally five years from the date of the alleged negligence, or three years from the date the injury was discovered, depending on which comes first.
Exceptions apply for minors, where the limit extends until the person turns 18, and for individuals who are mentally incapacitated, which may pause the time limit. It's essential to consult a legal professional from our firm to understand these timelines and any specific exceptions that may be relevant to your case.
How Our Legal Team Can Assist with Your Medical Malpractice Claim
An experienced legal team is essential for effectively handling a medical malpractice case. Attorneys specialize in collecting vital evidence, including medical records and expert testimonies, to strengthen your claim.
We provide guidance throughout the filing process, ensuring that all deadlines are met and that the necessary paperwork is meticulously completed. With our professional expertise, you can tackle the intricacies of the legal system with greater ease and confidence.
Legal support significantly enhances your chances of a successful outcome, as seasoned attorneys know how to persuasively present your case and negotiate effectively with insurance companies.
Ultimately, having a dedicated legal team can greatly impact the resolution of your medical malpractice claim, and help you achieve a more favorable result.
Get Expert Help for Your Medical Malpractice Case
If you think you have a medical malpractice case, promptly seek expert legal help. The complexities of medical malpractice law can be daunting, but a skilled attorney can streamline the process.
At Frank Spector Law, our dedicated team is prepared to assess your claim and offer the support you need. We are well-versed in the nuances of cases like yours and are passionate about securing the best possible results for you.
Don't hesitate—reach out today at 443-845-1456 to discuss your circumstances and take the first step toward obtaining the justice and compensation you deserve for your pain and suffering.
FAQs
What constitutes medical malpractice in Maryland?
Medical malpractice in Maryland occurs when a healthcare provider fails to meet their standard of care, resulting in harm to the patient. Malpractice can include misdiagnosis, surgical errors, or inadequate treatment.
How does medical malpractice differ from negligence?<
Medical malpractice is a specific type of negligence involving healthcare professionals, while negligence can occur in any context. The key difference lies in the duty of care expected from medical practitioners.
In malpractice cases, the standard of care is defined by competent medical professionals' actions in similar circumstances.
What is the hardest element to prove in a medical malpractice case?
Causation is often the most difficult element to prove, as it requires demonstrating that the provider's breach directly caused the injury. This typically requires detailed expert testimony and medical evidence.
Plaintiffs must clearly link the provider's negligent action to the specific harm suffered by the patient.
How long does a malpractice settlement take?
The timeline for a malpractice settlement can vary widely, often taking between several months and a few years, depending on case complexity and negotiations with insurance companies, and court dates. Factors such as the willingness of parties to settle can also impact the duration.
The unique circumstances of each case will determine the overall timeline for resolution.