Baltimore Medical Malpractice Lawyer

Patients are entitled to expect professional care when they seek medical help. If any healthcare provider fails to provide an acceptable level of care, a patient can recover compensation in a medical malpractice claim. If the medical malpractice results in the death of a patient, surviving family members may pursue a claim for wrongful death compensation. There are specific procedures that must be followed to bring a malpractice case, and these types of claims can be challenging to prove. A Baltimore medical malpractice lawyer can provide legal help with your claim for compensation. Call a Baltimore injury lawyer today for a free consultation.

Medical Malpractice Laws in Baltimore

After medical malpractice occurrs, victims or surviving family members may file a personal injury or wrongful death lawsuit. According to Maryland Courts and Judicial Proceedings Code Section 5-109, a claim for medical malpractice must be filed within three years of the date when the injury to the patient was discovered, or five years from the time the care provider made the mistake.  There are different rules for when a claim has to be filed because some malpractice is not discovered immediately, such as when a surgeon leaves a medical instrument inside of a patient’s body.

Maryland Code Section 3-2A-04 requires that certain medical malpractice claims be submitted to the Health Care Alternative Dispute Resolution Office for mandatory arbitration. Within 90 days of the time when a claim is filed with the office, you are required to file a certificate from a qualified expert testifying that the care provider failed to live up to the standard of care when treating you.

A three judge panel of arbitrators will determine liability and assess damages for claims submitted to the Office. However, the arbitration process can be waived by any party and, if this occurs, the case will proceed to Circuit Court. If arbitration does take place, an appeal of the arbitrator’s decision may also be filed with the Circuit Court.

A Baltimore medical malpractice lawyer will help you to determine whether you should move forward with arbitration, inform you on how your case will likely proceed, work to negotiate a settlement with the malpractice insurer of the doctor who harmed you, or proceed to litigation.

Your Rights After Medical Malpractice in Baltimore

You have the right to be compensated for losses if you can prove that substandard care offered to you by a healthcare provider caused you to suffer harm. A variety of different medical mistakes could give rise to a malpractice claim including:

  • Botched treatment
  • Medication errors
  • Emergency room errors
  • Surgical errors including operations performed on the wrong body part
  • Anesthesia errors
  • Delayed diagnosis and misdiagnosis

When these and other mistakes are made, a case can be filed against the doctor who was responsible and the hospital who employed that care provider

A Baltimore medical malpractice lawyer will help you to determine who you should make a claim against in order to maximize the chances of being fairly compensated for all losses caused by medical error. Maryland has a cap on damages, so the amount of compensation you may recover is limited. The capped amount increases annually, and is set at $755,000 as of 2015.

How a Baltimore Medical Malpractice Lawyer Can Help

Medical malpractice cases can be challenging because juries do not have a sufficient understanding of medical procedures to determine if a medical error was made. You need to present compelling expert testimony and solid proof both that you received inadequate medical care and that you were harmed as a result.

There are many benefits to handling a case with the help of an experienced lawyer by your side. Your attorney will work hard to help you put together a strong case to use as leverage to negotiate a settlement, to succeed in arbitration, or to convince a jury to award you damages. Contact a Baltimore medical malpractice lawyer today to learn more.