Ellicott City Medical Malpractice Lawyer
When you go to see your doctor or have to visit the emergency room, you have every right to expect that the care you receive will meet the high standards set for those in the medical profession. When this standard is violated and a physician or other member of the medical team fails to provide adequate care, patients can suffer grave and even deadly injuries. If you or loved one been due to the negligence of a medical professional, you should speak with an Ellicott City medical malpractice lawyer to discuss about your potential legal options.
A compassionate and dedicated personal injury lawyer could find out more about the details of your injury to determine whether you may have been the victim of negligence. If a careless or negligent medical professional injured you, you could be owed compensation for your physical, psychological, and financial damages.
Identifying a Breach in the Medical Standard of Care
Medical errors happen all the time. While some errors can be traced back to medical negligence, not every mistake made by a doctor or healthcare worker constitutes malpractice. For a medical provider’s actions to be considered negligent, four distinct criteria must be met. These criteria are as follows:
- The medical provider owed the patient a duty of care (if no doctor-patient relationship existed, the provider might not be liable).
- The medical provider failed to apply the acceptable standard of care.
- The medical provider’s failure to provide the appropriate care standard caused the patient to sustain injuries.
- The patient’s injuries resulted in actual harm.
The acceptable standard of care is what a competent medical provider would provide if presented with a similar situation. Therefore, if a patient’s physician did not act as a reasonably skilled doctor would have, they could be found liable for negligence if the patient sustains some form of harm. An experienced attorney in Ellicott City with a deep understanding of the state’s medical malpractice laws could investigate an injured patient’s claim further to determine whether negligence occurred.
Forms of Compensation in an Ellicott City Medical Malpractice Claim
An Ellicott City attorney could fight hard to win several different types of compensation in someone’s medical malpractice claim, including the patient’s economic and non-economic losses. Economic losses are defined monetary damages such as income lost due to the injury, hospital bills, surgery costs, and physician expenses. Non-economic losses are damages that are not clearly defined in exact dollar terms, such as pain, suffering, emotional distress, and diminished quality of life.
In some medical malpractice claims, the plaintiff may also be entitled to punitive damages. However, punitive damages are typically only awarded when the actions of the doctor or other negligent healthcare professionals are deemed especially egregious or willful.
Filing Window for Medical Malpractice Cases in Ellicott City
Under Maryland Courts and Judicial Proceedings Code § 5-109, the latest date to file a medical malpractice lawsuit with the state’ civil courts is five years from the date the harm was inflicted. Alternatively, if the injured party does not discover they have been hurt right away, they have up to three years from the date they find out about their injury to start a civil claim. However, a malpractice claim cannot be filed if more than five years has transpired since the medical provider’s negligence, regardless of when the individual finds out they have experienced harm.
When the injured party was younger than 11 when they were injured, the filing window would not commence until their 11th birthday. Other exceptions can apply to the statutory deadline, so it is essential to speak with an attorney who could clarify the applicable deadline and help an injured patient file their case accordingly.
Contact an Ellicott City Medical Malpractice Attorney Today
If you have endured harm due to the neglect of a medical provider, it is crucial to find out what legal options may be available to you. An Ellicott City medical malpractice lawyer could offer a confidential evaluation of your potential claim and provide advice regarding the next steps. Schedule a consultation today to get started on your case.
