College Park Medical Malpractice Lawyer
Medical advances continue to evolve at a phenomenal pace and improve the outcomes for patient care. When visiting your family doctor or entering a hospital for a procedure, you trust that you will receive the best medical care the profession has to offer. Unfortunately, that does not always occur. Many individuals have become gravely ill and have even died as a result of preventable medical mistakes made by health care professionals. If you or a loved one have suffered a personal injury because of negligence on the part of a medical professional, a College Park medical malpractice attorney can advise you as to the best course of action for recovering damages.
Most Prevalent Types of Medical Negligence Claims
Compared to the overall volume of treatments and procedures performed by medical professionals, mistakes consist of a small percentage of the total. However, within the entirety of the claims filed for medical negligence, certain types of cases appear more often than others. The most common claims are:
- Misdiagnosis or delayed diagnosis
- Injuries sustained through prenatal care and childbirth
- Medication mistakes
- Anesthesia errors
- Surgical errors
If you are unsure about whether your case constitutes negligence, a College Park medical malpractice attorney can provide clarification and explain the options available depending on your situation.
Assessing Your Medical Malpractice Case
Medical malpractice falls under the umbrella of personal injury law. If you are trying to submit a medical malpractice claim, it is essential that you seek advice from a lawyer who has experience handling these types of claims and can guide you through the process. Under Maryland law, three elements must be established in order to obtain a positive outcome in a medical malpractice case:
- Negligence – Prove that the doctor or medical professional who treated you made a mistake and did not act with the acceptable standard of care.
- Proximate Cause – Demonstrate to the court that your injury would not have occurred if not for the mistake.
- Damages – Show that the patient suffered physical, emotional, or financial harm as a result of the negligent act.
The court will determine if the doctor was negligent based on the “standard of care” doctrine. The standard of care refers to the generally accepted method of treating patients in Maryland who have experienced a medical circumstance similar to yours. If the physician treated you in accordance with the acceptable medical standard of care in your area, you may not have a valid medical malpractice claim. Furthermore, it is probable that you would not have a justifiable medical malpractice claim if you were not harmed by the doctor’s treatment, even if that treatment falls woefully short of the standard of care. Likewise, just because there was a bad outcome does not mean malpractice was committed.
Statute of Limitations for Medical Malpractice Claims
It is extremely important that you consult with a personal injury attorney in order to protect your rights and receive fair compensation for your injuries. Like other states, medical malpractice lawsuits in Maryland must be filed within a certain time frame in order for the plaintiff to be eligible to recover damages. Generally, litigation must be filed within five years of the date the injury occurred or within three years of the date by which the injury was discovered, whichever is earlier. The statute of limitations is tolled for minors until they reach age 18. Litigation filed for wrongful death actions related to medical malpractice must be filed within three years of the date of death.
Lawsuits filed against municipalities, counties, states, and the federal government must meet very specific requirements. The plaintiff must notify the government agency of the claim. The state of Maryland requires that notice be provided within one year of the negligent act. Local governments usually require that notice be given within 180 days of when the injury occurred. Knowing the filing deadlines for a medical negligence lawsuit is important to the success of your claim. An experienced medical malpractice attorney can help make sure that everything is submitted in the appropriate time frame so that you have the best chance at recovery.
Recoverable Damages
In Maryland, plaintiffs can recover economic damages suffered as a result of the negligence, including lost wages, future surgeries, prescriptions, or assistive medical devices required because of the negligent act. The state’s legislature enacted an active limit on non-economic damages for medical malpractice claims. Non-economic damages include harms and losses, physical impairment, disfigurement, loss of consortium, and inconvenience. Plaintiffs are entitled to punitive damages if there is clear and convincing evidence of a motive to intentionally injure or fraudulent activity.
Call a Skilled Medical Malpractice Attorney Today
If you or a loved one has been a victim of medical negligence, you can greatly benefit from the assistance of the experienced College Park medical malpractice attorneys at our law firm. To learn more about medical malpractice claims in Maryland, contact us today for a free consultation and for more information on filing a claim.
