How do Medical Malpractice Cases Work in Maryland?
Medical malpractice claims in Maryland involve some of the most complex laws and rules. As modern medicine advances, the law regulating liability becomes even more complex. If you believe you have a valid medical malpractice claim, it is imperative that you meet with a Waldorf medical malpractice attorney. This is such a specialized area of law. You want to ensure you have the best Maryland personal injury attorney representing you.
What Qualifies as Medical Malpractice in Maryland?
Depending on the circumstances, there are usually four main elements that make up a Maryland medical malpractice case. These include:
- A Medical Injury: You must have suffered some type of injury that is the result of the defendant’s health care services, or failure to render health care services;
- Breach of Standard of Care: The defendant must have breached the standard of care, and this was the cause of the medical injury that is the subject of the malpractice case;
- Qualified Health Care Provider: The defendant must be qualified as a health care provider per Maryland law; and
- Damages: You must have suffered damages, which is what you are asking compensation for under the medical malpractice claim.
What Qualifies as a Health Care Provider in Maryland?
Understanding who qualifies as a health care provider is an important step in determining whether or not you have a valid medical malpractice claim. Maryland Code of Courts and Judicial Proceedings Section 3-2A-01 covers who is eligible to be a health care provider. Some of these include licensed:
- Physicians
- Chiropractors
- Physical therapists
- Hospitals
- Medical facilities
- Dentists
- Optometrists
- Assisted living and hospice care programs
- Certified social workers
- Psychologists
If the provider in question only administers spiritual treatment in accordance with standard practices of a religious organization, this would not fit the definition of qualified health care providers as listed under Maryland law.
What Types of Damages Can You Recover in a Medical Malpractice Claim?
With medical malpractice claims, there are two main types of damages you can try to recover. These are categorized as economic and non-economic damages. Economic damages refer to verifiable and measurable costs related to your medical malpractice claim. These can include your medical bills, your loss of earnings, ongoing and future treatment, and future loss of earnings. There is no cap in Maryland on economic damages. Non-economic damages refer to ones that do not have a fixed dollar amount, like pain and suffering, loss of companionship, emotional distress, and more. These are often more difficult to calculate than economic damages.
What is the Statute of Limitations on a Maryland Medical Malpractice Claim?
Like other types of personal injury claims, there is a time limit that applies for how long you have a legal right to bring a claim. The statute of limitations can vary in some instances, especially related to minor children, but the general rule is five years from the date you were injured or three years from the date you discovered the medical injury.
Contact a Maryland Medical Malpractice Attorney
Do you believe you have a valid medical malpractice claim in Maryland? It is important that you speak with a knowledgeable Waldorf medical malpractice attorney. Contact the Law Office of Robert R. Castro today at 301-870-1200 to schedule an initial consultation.
