How Do I File a Medical Malpractice Lawsuit in Maryland?
Experiencing an injury because of a medical mistake can be overwhelming, leaving you with many questions and concerns. You may feel the need to seek answers by finding the best medical team to address what happened to you. Unfortunately, you might never be able to restore your health to the way it was before completely. However, you have legal options that could allow you to fight for justice and compensation.
If you are considering pursuing legal action, you may be wondering how to file a medical malpractice lawsuit in Maryland. A knowledgeable attorney could help guide you through the complexities of filing a civil claim against the negligent health provider.
Proving Medical Malpractice in Maryland
When you are dealing with a negative healthcare experience, it is important to know that just because a patient suffers a bad outcome does not necessarily mean that their doctor or another healthcare provider committed malpractice. Malpractice claims are complicated because they involve proving that a healthcare provider’s negligence directly led to an injury or illness. There are several things to consider when filing a claim for a medical error in Maryland, such as:
Duty of Care
To pursue a case, a patient must prove that the healthcare provider had a duty of care towards the patient, such as a doctor-patient relationship. For instance, a patient likely could not sue a doctor after only an initial consultation. However, the patient could sue that physician if they could provide medical records showing they had a full physical examination in addition to the consultation.
Negligence
A patient must establish that a healthcare provider deviated from the standard of care by doing something or failing to do something that another competent medical professional with a similar background would not have.
Causation of Injury or Illness
The patient must find evidence demonstrating that the medical worker’s negligence directly caused their illness or injury.
Proof of Damages
The patient must show that their injury caused them to experience losses, such as physical injury, pain and suffering, and lost wages.
A seasoned local lawyer could closely examine the medical records alongside an expert, search for other evidence, and work diligently to build a solid claim for compensation.
Practical Time Considerations
The first step in filing a lawsuit is to check that the injured patient is legally permitted to file a claim. Maryland law does not give injured patients unlimited time to start the process of filing a medical malpractice claim. Under Maryland Courts and Judicial Proceedings Code § 5-109, patients must generally file suit within three years. However, because the effects of some medical mistakes are not always immediately apparent, Maryland law states that the statutory clock does not begin running until the patient discovers the injury.
If the patient was a child at the time of the medical mistake, a different timeline applies. This timing varies depending on the minor’s age. A dedicated legal team could help a patient and their family comply with all legal requirements.
Call a Maryland Attorney About Filing a Medical Malpractice Claim
Proving medical malpractice requires a complex understanding of medical terminology, practical skills, and legal knowledge. Reach out to a law firm that knows how to file a medical malpractice lawsuit in Maryland. The diligent legal team at Price Benowitz could help guide you through the process and offer you helpful advice at every stage. Call today to schedule a free case evaluation.
