La Plata Medical Malpractice Attorney When a doctor, surgeon, nurse, or hospital in Charles County makes a preventable mistake, patients and their families can face lasting consequences. At the Law Office of Robert Castro, our La Plata medical malpractice attorneys represent Maryland patients and families in medical negligence claims, including cases arising at UM Charles Regional Medical Center and at clinics, urgent care centers, surgical centers, and long-term care facilities throughout the county. Our office in Waldorf serves La Plata and all of Charles County. Our personal injury lawyers in La Plata start by identifying everyone who may be responsible, then build the medical evidence Maryland law requires to prove the claim. If you believe you or a family member suffered an injury from medical negligence in La Plata, Waldorf, or anywhere in Charles County, call 301-870-1200 or contact us online. Consultations are free and we charge no fee unless we recover money for you. What Qualifies as Medical Malpractice in Maryland? Medical malpractice occurs when a health care provider’s care falls below the accepted standard and that lapse leads to an injury. Many medical procedures have known complications, and a bad outcome can occur even when a provider follows every accepted step. Negligence depends on how the provider delivered care, measured against what a reasonably competent provider in the same field would have done. A 2026 American Medical Association report found that 28.7% of U.S. physicians had faced a lawsuit at least once in their careers as of 2024. The same research notes that a claim alone does not establish that an error occurred, which is why every Maryland medical malpractice claim depends on expert review of the standard of care. A Maryland medical malpractice claim requires four elements: A duty of care: A provider-patient relationship existed. A breach of the standard of care: The provider departed from the care a reasonably competent provider in the same specialty would have delivered. Causation: The provider’s breach caused an injury separate from the illness or condition that brought the patient in for care. Damages: The patient suffered measurable harm such as additional treatment, lost income, permanent impairment, or death. The standard of care is the central question in every Maryland medical malpractice claim. Maryland law measures it against the standards of practice among providers in the same health care profession with similar training and experience. A qualified medical expert in the same or a related specialty reviews the records and testifies to whether the provider met that standard. Medical Malpractice Practice Areas in La Plata Our La Plata medical malpractice lawyers handle the full range of provider negligence claims. Birth Injuries and Cerebral Palsy Labor and delivery errors can cause permanent injuries to both mother and child. We handle birth injury and cerebral palsy claims involving failure to monitor fetal heart rate, failure to order a timely C-section, oxygen deprivation and hypoxic ischemic encephalopathy, shoulder dystocia and brachial plexus injuries including Erb’s palsy, improper use of forceps or vacuum extraction, untreated maternal infection or preeclampsia, and NICU and newborn care failures such as untreated jaundice leading to kernicterus. Birth injury claims often involve decades of future care. Valuing them typically involves life care planners and economists in addition to medical experts. Surgical Errors We represent patients in surgical errors claims involving wrong-site and wrong-patient surgery, retained surgical instruments and sponges, organ and bowel perforation, nerve damage, uncontrolled bleeding, unnecessary surgery, postoperative infection, and inadequate monitoring during recovery. These claims cover procedures at hospitals and ambulatory surgical centers. Anesthesia Errors We handle anesthesia dosing mistakes, failure to review the patient’s history and drug interactions, failure to monitor vital signs and oxygen levels, intubation injuries, and anesthesia awareness during surgery. According to a 2026 clinical review published in StatPearls by the National Library of Medicine, cellular injury can begin within minutes when the brain loses its oxygen supply, and permanent damage can follow without prompt treatment. Anesthesia errors that interrupt breathing or circulation create this risk. Misdiagnosis and Delayed Diagnosis Diagnostic error is one of the leading causes of medical malpractice claims. Research highlights that missed or delayed diagnoses accounted for 21% of more than 55,000 malpractice claims reviewed, and most of those cases resulted in permanent disability or death. We handle claims involving heart attack and stroke misdiagnosis, missed sepsis and meningitis, missed appendicitis, failure to diagnose cancer including breast, colon, lung, and cervical cancer, misread imaging and radiology errors, misread lab work and biopsy pathology errors, and failure to refer a patient to a specialist. The injury in these cases is usually the lost time: a cancer that was treatable at stage one and is not at stage three. Medication, Pharmacy, and Prescription Errors We pursue medication error claims against prescribers, hospital staff, and pharmacies for wrong drug and wrong dose errors, dangerous drug interactions, failure to check a patient’s allergies and history, dispensing errors, mislabeled prescriptions, and IV and infusion administration errors. Hospital Negligence and Hospital-Acquired Infections Hospitals can be liable for their own institutional failures, separate from any individual provider. Our hospital negligence claims involve chronic understaffing, inadequate credentialing and supervision, hospital-acquired and surgical site infections, sanitation and sterilization failures, patient falls, bedsores and pressure ulcers, blood transfusion errors, medication administration errors by hospital staff, and premature or unsafe discharge. Emergency Room Negligence Emergency physicians often evaluate patients under time pressure, and a missed symptom or delayed test can change the outcome. We handle improper triage, failure to order indicated testing, failure to recognize symptoms of heart attack, stroke, sepsis, or internal bleeding, misread imaging. Colonoscopy and Endoscopy Errors Endoscopy and colonoscopy errors include bowel perforation, failure to detect visible polyps or lesions, sedation complications, and failure to follow up on findings. Doctor Negligence Beyond any single procedure, doctor negligence claims cover failure to take an adequate patient history, disregard of reported symptoms, inadequate testing, poor follow-up and aftercare, and treatment without informed consent. Nursing Home and Long-Term Care Negligence We represent residents and families affected by negligence at nursing homes and assisted living facilities, including untreated bedsores, malnutrition and dehydration, unexplained falls and fractures, medication mismanagement, neglect, and abuse. Dental, Cosmetic, Urgent Care, and Telemedicine Malpractice Medical negligence also occurs outside hospitals. We handle dental malpractice including nerve injury and extraction errors, plastic and cosmetic surgery malpractice, urgent care and walk-in clinic negligence, and telemedicine and telehealth misdiagnosis where a remote provider failed to direct a patient to in-person care. Medical Wrongful Death When a patient dies as a result of medical negligence, Maryland law allows the family to pursue two separate claims. A wrongful death claim compensates surviving family members for their own losses, and a survival action allows the estate to recover for what the patient experienced before passing. Our La Plata wrongful death attorneys handle both claims. Under Md. Code, Cts. & Jud. Proc. § 3-904, a Maryland wrongful death claim is brought for the benefit of the spouse, parents, and children of the person who passed away. If none of these family members survive, the claim may benefit of a relative by blood or marriage who was substantially dependent on the deceased. Military and VA Medical Malpractice Charles County is home to an estimated 16,828 veterans, and the county’s veteran rate of 12.7% is nearly double Maryland’s statewide rate of 6.8%, according to 2024 U.S. Census Bureau data compiled by Census Reporter. Medical malpractice claims involving care at a VA medical center or a military treatment facility fall under the Federal Tort Claims Act, which sets its own procedure and deadlines. Under 28 U.S.C. § 2401(b), a patient must first present a written claim to the responsible federal agency within two years after the claim accrues. If the agency denies the claim, the lawsuit must be filed within six months of the denial notice. According to the Congressional Research Service, active-duty service members face additional legal limits and a separate Department of Defense claims process. Families should confirm the applicable deadline as early as possible. Who Can Be Held Liable for Medical Malpractice in La Plata, Maryland? A medical malpractice case can involve more than one defendant. Identifying every liable party matters because each may carry separate insurance coverage, and because a hospital’s institutional failures can contribute to an individual provider’s mistake. Potentially liable parties include: Physicians, surgeons, and anesthesiologists Nurses, nurse practitioners, and physician assistants Obstetricians, midwives, and labor and delivery staff Radiologists, pathologists, and laboratory personnel Pharmacists and pharmacy chains Dentists, oral surgeons, and cosmetic surgeons Physical and occupational therapists Technicians and medical support staff Hospitals, surgical centers, and urgent care clinics for understaffing, negligent credentialing, and administrative failures Nursing homes, assisted living facilities, and rehabilitation centers Medical device and pharmaceutical manufacturers A hospital can also be responsible for the conduct of providers it employs or holds out as its own. Early in every case, our attorneys determine whether each physician was a hospital employee or an independent contractor, because the answer affects which parties are responsible. Medical Malpractice Statute of Limitations in Maryland Maryland sets firm deadlines for medical malpractice claims. Under Md. Code, Cts. & Jud. Proc. § 5-109, a Maryland medical malpractice claim must be filed by the earlier of: Five years from the date the injury was committed, or Three years from the date the injury was discovered. For example, a patient injured during surgery who discovers the injury four years later has about one year left to file, because the five-year limit expires first. Filing a claim with Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO) counts as filing for deadline purposes. Two important variations apply: Minors: If the patient was under age 11 when the injury was committed, the deadlines begin to run on the child’s 11th birthday. For injuries to the reproductive system or injuries from a foreign object left in the body, the deadlines begin at age 16 for a patient injured before that age. Wrongful death: Under § 3-904, families generally must file a medical wrongful death claim within three years after the patient’s death. A missed filing deadline can permanently bar a claim, whatever the strength of the evidence. If a deadline may be approaching, contact our office promptly. How to File a Medical Malpractice Claim in Maryland Before a patient can sue a doctor in Maryland, state law requires a formal pre-suit process. Claimants who file without legal representation often find these procedural requirements difficult to meet. File with the Health Care Alternative Dispute Resolution Office: Under Md. Code, Cts. & Jud. Proc. § 3-2A-02, medical malpractice claims seeking damages above the District Court’s jurisdictional limit must go through the state’s health care malpractice claims process, which begins with a filing at HCADRO. File a Certificate of Qualified Expert: Under § 3-2A-04, the claimant must file, within 90 days of the complaint, a certificate from a qualified medical expert attesting that the provider departed from the standard of care and that the departure proximately caused the injury. The claimant must attach the expert’s report. The expert may not have devoted more than 25% of their professional activities to testimony in personal injury claims during the 12 months before the claim was filed. If the claimant misses the deadline, the claim is dismissed without prejudice, although the law allows extensions in certain circumstances. Waive arbitration: After the claimant files the certificate, either party may elect to waive HCADRO arbitration, which moves the case to circuit court or federal court. For cases filed in Charles County, that court is the Circuit Court for Charles County at 200 Charles Street in La Plata. Discovery: Both sides exchange medical records, and expert opinions and depose the treating providers and other witnesses under the Maryland Rules. Resolution: A case may resolve through a negotiated settlement, including one reached in mediation, or through a verdict at trial. Claimants must file the certificate early in the case, often before any depositions take place. Securing a qualified expert quickly is one of the first tasks our attorneys handle after taking a claim. What Is a Medical Malpractice Case Worth in Maryland? Every Maryland medical malpractice case is valued individually. The severity and permanence of the injury are primary factors in determining case value. The strength of the evidence that the provider breached the standard of care also plays a major role. According to the Maryland Department of Legislative Services, Maryland law recognizes three categories of damages: Economic damages compensate measurable financial loss, including past and future medical bills, rehabilitation, long-term care, lost wages, and lost earning capacity. Maryland’s medical malpractice damages cap under § 3-2A-09 applies only to noneconomic damages, so economic damages are not capped. Noneconomic damages compensate pain, suffering, physical impairment, and disfigurement. In medical malpractice cases, these damages are capped under Md. Code, Cts. & Jud. Proc. § 3-2A-09. The cap is based on the year the cause of action arose and increases by $15,000 on January 1 of each year. For claims arising in 2026, the cap is $920,000. In a wrongful death case with two or more claimants, the limit rises to 125% of the cap, or $1,150,000 for 2026. The cap applies in the aggregate to all claims arising from the same medical injury, regardless of the number of claimants or defendants. Punitive damages require clear and convincing evidence of actual malice. Under Maryland case law, negligence alone, even gross negligence, is not sufficient to support a punitive damages award. Maryland’s Contributory Negligence Rule Maryland is one of a small number of jurisdictions that still applies the doctrine of contributory negligence. Under this rule, a patient found even partially at fault for their own injury may be barred from any recovery. Source: Coleman v. Soccer Association of Columbia (Md. 2013) This is the Maryland Court of Appeals decision that reaffirmed the rule, hosted on Justia, a free legal publisher. The court declined to abolish contributory negligence, saying that doing so in the face of the General Assembly’s repeated refusal to act would be inconsistent with its long-standing case law. Serving La Plata, Waldorf, and All of Charles County Our office is located in La Plata, Maryland, in Charles County, near the Circuit Court for Charles County at 200 Charles Street where these cases are filed and tried. Law Office of Robert Castro 11701 Central Avenue, Suite 200 Waldorf, MD 20601 Phone: 301.870.1200 We represent clients throughout Charles County and southern Maryland, including La Plata, Waldorf, St. Charles, White Plains, Bryans Road, Indian Head, Hughesville, Port Tobacco, Bel Alton, Newburg, Nanjemoy, Pomfret, Marbury, and Ironsides, as well as clients in Calvert County, St. Mary’s County, and Prince George’s County. We handle claims arising from care at hospitals, surgical centers, urgent care clinics, physician practices, dental offices, pharmacies, nursing homes, and rehabilitation facilities across the region, including UM Charles Regional Medical Center in La Plata and facilities serving Waldorf and the greater southern Maryland area. What Does a Medical Malpractice Lawyer Cost in La Plata? Nothing upfront. We handle medical malpractice cases on a contingency fee, which means: The consultation is free. You pay no hourly rate and no retainer. We advance the cost of medical experts, records, and litigation. We are paid a percentage of the recovery only if we win or settle your case. If there is no recovery, you owe us no attorney’s fee. Medical malpractice cases are expensive to build. Expert review alone can run into five figures before a case is filed. The contingency model exists so that cost sits with the firm rather than with an injured patient. What to Bring to Your Free Consultation Certain documents help our team review a claim faster, although we can obtain most of them on your behalf. Useful items include the names of every provider and facility involved, any medical records or test results you already have, a written timeline of events and the names of anyone present during key appointments. Bills and records of missed work also help, along with any letters or calls from the provider or its insurer. Speak with a lawyer before signing documents from a hospital or insurer or giving a recorded statement. Frequently Asked Questions About Medical Malpractice in La Plata, Maryland How do I know if I have a medical malpractice case? You likely have a case worth investigating if a provider’s conduct fell below the accepted standard of care and that failure, caused a measurable injury separate from your original condition. A qualified medical expert in the same or a related specialty can review your records to answer that question. Our attorneys can discuss your situation during a free consultation. Is a bad outcome the same as medical malpractice? No. Many treatments carry known risks that can occur without anyone doing anything wrong. Malpractice exists only where the provider deviated from the standard of care. Whether a provider met the standard of care is a medical question, and Maryland requires a qualified expert to answer it within 90 days of filing a medical malpractice claim. How long do I have to sue a doctor in Maryland? Generally the earlier of five years from the date of the injury or three years from the date you discovered it. Minors and wrongful death claims follow different timelines. Because the shorter of the two periods controls, waiting is the most common way a valid claim is lost. Can I sue a hospital in Maryland? Yes. A hospital can be liable for the negligence of staff it employs, and separately for its own institutional failures such as understaffing, negligent credentialing, inadequate supervision, sanitation failures, and unsafe discharge policies. Can I sue a nurse, a pharmacy, or a nursing home in Maryland? Yes. Nurses, nurse practitioners, pharmacists, pharmacy chains, nursing homes, assisted living facilities, and rehabilitation centers can all be defendants in a Maryland negligence claim. Multiple defendants often means multiple sources of insurance coverage. Can I still sue if I signed a consent form? Usually yes. Informed consent means you accepted the known risks of a properly performed procedure. It does not waive your right to competent care, and it is not a defense to a procedure performed negligently or to a risk that was never disclosed to you. Can I sue if the doctor apologized or admitted a mistake? Under Md. Code, Cts. & Jud. Proc. § 10-920, a provider’s apology or expression of regret generally cannot serve as evidence of an admission of liability. The strength of a claim depends on what the medical records and expert review show. How much is my medical malpractice case worth in Maryland? Case value turns on the severity and permanence of the injury, future care costs and lost earning capacity, along with the strength of the liability evidence. An accurate estimate requires a review of the medical records. Does Maryland cap medical malpractice damages? Maryland caps noneconomic damages, meaning pain and suffering, under § 3-2A-09. It does not cap economic damages such as medical bills, future care, and lost income. Wrongful death cases with two or more claimants are subject to a higher limit. What percentage do medical malpractice lawyers take in Maryland? Medical malpractice cases are handled on a contingency fee, a percentage of the recovery rather than an hourly rate. The exact percentage is set out in a written agreement before we begin, and you pay no attorney’s fee if there is no recovery. How long does a medical malpractice case take in Maryland? Most take one to three years. Expert review, the HCADRO process, discovery, and court scheduling all take time, and complex birth injury cases can run longer. Cases that settle quickly generally settle for less, because the defense has not yet been shown what you can prove. Will I have to go to court? Most cases resolve before trial. We prepare every case as though it will be tried, because that preparation is what produces a serious settlement offer. Who can file a wrongful death claim in Maryland? Primary beneficiaries are the spouse, parents, and children of the person who died. If there are no primary beneficiaries, certain other relatives who were substantially dependent on the deceased may bring the claim. The estate may separately file a survival action for the pain and losses the patient experienced before death. What is a Certificate of Qualified Expert in Maryland? A sworn statement from a qualified medical expert confirming that the provider departed from the standard of care and that the departure caused the injury. Maryland requires it within 90 days of filing the claim, and the expert must meet specific qualification limits. Without a compliant certificate, the case is dismissed. What if the malpractice happened at a VA or military hospital? Those claims fall under the Federal Tort Claims Act and follow a different procedure and a different deadline, starting with an administrative claim filed with the agency. Contact a lawyer promptly, because the state timeline does not apply. Talk to a La Plata Medical Malpractice Attorney Today If you or someone in your family suffered an injury from the care of a doctor, surgeon, nurse, hospital, pharmacy, or nursing home in La Plata or anywhere in Charles County, the Law Office of Robert Castro can review what happened and explain whether you have a claim.
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