Bowie Medical Malpractice Lawyer
Every day, thousands of Maryland residents seek professional medical assistance for everything from standard annual checkups to managing chronic conditions, to treating potentially life-threatening injuries and illnesses. No matter what your reason for going to the doctor is, you should be able to trust you will receive appropriate and compassionate care from every doctor, nurse, technician, and staff member you interact with.
Unfortunately, as experienced personal injury attorneys know all too well, some medical professionals fail to meet the standard of care applicable to their areas of expertise, potentially causing serious harm to their patients as a result. If you believe your worsened medical condition stems from negligence by a healthcare provider, a Bowie medical malpractice lawyer could help you understand and utilize your right to pursue civil recovery for your losses.
Filing Requirements for Medical Negligence Claims
Because healthcare professionals must complete years of schooling as well as extensive on-the-job training before they are officially licensed to practice medicine by themselves, the standards for proving negligence by a doctor, nurse, or other provider are uncommonly high. This is perhaps best exemplified by the unique “certificate of qualified expert” requirement that prospective plaintiffs must meet in order to have a valid malpractice claim.
As per Maryland Code, Courts & Judicial Proceedings §§3-2A-04 and 3-2C-02, anyone who wishes to hold a healthcare provider liable for damages caused by negligence generally must file the aforementioned certificate no later than 90 days after filing their initial malpractice claim. This certificate must include a statement made under oath by at least one medical expert qualified in the same area(s) of practice as the defendant(s) affirming that said defendant(s) did not act the way a physician with equivalent experience and expertise would have under the same or similar circumstances, and that this breach of the standard of care directly caused the plaintiff’s injuries.
Additional filing requirements apply to claims seeking more than $30,000 in total damages, especially if a plaintiff wishes to skip arbitration and advance their claim to civil court. A qualified Bowie medical malpractice attorney could explain these and other rules for this unique type of claim in the course of a private initial consultation.
Seeking Fair Restitution Within Statutory Deadlines
A successful malpractice claim may allow a plaintiff to recover for various forms of economic and non-economic harm, including additional medical expenses, lost income and/or earning capacity, lost enjoyment of life, physical and emotional pain, and more. Importantly, though, MD Code, C&JP §3-2A-09 limits recovery for non-economic losses caused by medical negligence to $845,000 as of January 1, 2021, a cap which increases by $15,000 each calendar year to account for inflation.
On top of that, Md Code, C&JP §5-109 sets filing deadlines of three years after discovery of injuries caused by malpractice or five years after malpractice actually occurred—whichever comes first—for injured individuals to start the litigation process. Once again, a seasoned medical negligence lawyer in Bowie could help ensure compliance with these rules and maximize available recovery on an injured plaintiff’s behalf.
Consider Working with a Bowie Medical Malpractice Attorney
Lawsuits and settlement demands alleging negligence in a professional capacity by a healthcare provider are subject to various rules and regulations that make them uniquely challenging for plaintiffs to pursue alone. Fortunately, you have help available from a knowledgeable legal professional who is familiar with every aspect of this complex and often crucial type of litigation.
Retaining a Bowie medical malpractice lawyer could put you in a much better position to enforce your rights and demand the restitution you deserve for the harm you should not have experienced. Call today to schedule a meeting.
