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What to Know About Medical Malpractice Cases in Maryland

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 or injury.

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.

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