Medical mistakes can take on many forms; however, a mistake is not necessarily
evidence of medical malpractice. To qualify as medical malpractice, the
case must meet specific criteria. Medical malpractice cases are almost
always complex. If you suspect you have a medical malpractice case, it
is imperative that you speak with a
Maryland medical malpractice attorney right away.
Medical professionals have to adhere to a standard of care when it comes
to treating their patients. When they breach that standard and fail to
provide adequate care to their patients, they can be held liable for medical
malpractice. The standard of care can be defined as the industry accepted
practices and protocols doctors use when treating a patient for an illness
Here is what you need to know about medical malpractice cases in Maryland.
Common Types of Medical Malpractice
Some of the most common types of medical malpractice cases in the state include:
- Failure to properly administer medical treatment
- Failure to diagnose or a misdiagnosis
- Doctor’s failure to disclose potential risks about medication or
a medical procedure
- Prescribing the wrong medication or an improper dosage
- Birth injuries
- Cerebral palsy
Types of Damages in Medical Malpractice Cases
Economic and non-economic damages can be awarded in a Maryland malpractice
case. Economic damages are made up of medical expenses and lost wages,
while non-economic damages compensate a victim for pain and suffering,
emotional distress, etc.
Statute of Limitations on Medical Malpractice Cases
Like other types of personal injury claims, there is a statute of limitations
on medical malpractice claims in Maryland. This is the period in which
you can legally bring a claim. To preserve the statute of limitations,
you must file the lawsuit within the allotted time. In Maryland, you have
five years from the date when the doctor caused the injury, or three years
from date of discovery, whichever comes first.
If you fail to file within the specified time, your entire claim can be
barred. For minors, there is not a deadline running until they turn 18.
Certificate of Merit
In Maryland, doctors must sign off on malpractice claims. A medical malpractice
attorney has to file a qualified expert’s statement that confirms
the doctor in question violated the applicable standards of care and is
the proximate cause of your injury.
The law wants to avoid “hired gun” experts, so the statement
has to be prepared by a doctor whose income from testimony in personal
injury claims is no greater than 20%. A doctor has to include the time
spent assisting responses to discovery, reviewing materials and conferring
with others, traveling to and from court, giving a deposition, etc. There
is also a state requirement that requires an expert to disclose the name
of the doctor who committed malpractice.
Retaining a Maryland Personal Injury Attorney
If you believe you have a medical malpractice claim, contact a
Maryland personal injury attorney right away. The Law Office of Robert R. Castro has years of experience
in all types of personal injury matters, including medical malpractice.
Contact our office at 301-870-1200 to schedule a consultation.