Germantown Medical Malpractice Lawyer
Under most circumstances, doctors, nurses, and other medical professionals can be trusted to provide quality care for all their patients no matter what injury or illness they are dealing with. Unfortunately, there are some healthcare providers who fail to meet the standard of care applicable to people with their skillsets and experience, sometimes resulting in severe harm to patients that could have been avoided with appropriate treatment.
If you suffered a negative medical outcome because your doctor acted recklessly or carelessly, you may have a difficult time enforcing your legal right to recovery without guidance from a Germantown medical malpractice lawyer. There are various rules and restrictions that only apply to this unique type of personal injury litigation, so seeking a qualified personal injury attorney’s assistance can be crucial to securing a favorable claim result.
How Long Do Malpractice Victims Have to File Suit?
The amount of time that a victim of medical malpractice has to pursue civil litigation against the physician responsible for their losses varies somewhat depending on the circumstances. Most of the time, Maryland Code, Courts & Judicial Proceedings §5-109 limits prospective malpractice plaintiffs to three years after they discover their injuries or five years after their injuries actually occurred—whichever comes first—to start the litigation process.
However, for minors under 18 who suffer harm due to medical negligence, the proverbial “clock” for ensuing litigation does not begin until their 18th birthday. Likewise, individuals with incapacitating mental disabilities have up to three years after they are no longer disabled in which to pursue a malpractice claim, as per Maryland Code, Courts & Judicial Proceedings §5-201. A Germantown medical negligence attorney could clarify what deadlines might apply to a specific claim based on a plaintiff’s unique situation.
Rules for Malpractice Litigation in Germantown
According to Maryland Code, Courts & Judicial Proceedings §3-2A-04, virtually every person who wishes to hold a healthcare provider civilly liable for malpractice must submit a “certificate of qualified expert” no more than 90 days after filing their initial complaint. This certificate must include testimony from a “qualified medical expert” affirming that the defendant(s) breached an applicable standard of care for their discipline, and that this breach directly led to the plaintiff’s injuries and ensuing losses.
Additionally, plaintiffs seeking a substantial amount of compensation through malpractice claims generally must file those claims with the Health Care Alternative Dispute Resolution Office, in accordance with Maryland Code, Courts & Judicial Proceedings §3-2A-02. A medical malpractice lawyer in Germantown could explain the arbitration process that may ensue in more detail, as well as the circumstances under which a claimant may waive arbitration for their claim.
Finally, it is worth noting that Maryland Code, Courts & Judicial Proceedings §3-2A-09 establishes a limit on the maximum amount of compensation any successful malpractice plaintiff can receive for non-economic damages like physical pain, emotional distress, and lost enjoyment of life. As of 2021, this cap is set at $845,000, with an increase of $15,000 scheduled for each subsequent year to account for inflation.
Seek Help from a Germantown Medical Malpractice Attorney
Needless to say, medical malpractice claims make for uniquely complex civil cases, especially if you do not have seasoned legal counsel to help you build a comprehensive claim. If you want to boost your prospects of getting the restitution you deserve, contacting a qualified Germantown medical malpractice lawyer should be a top priority.
Speaking with a legal professional in a confidential setting may be the best way to get your questions answered and ensure you understand your legal options. Call today to schedule a consultation.
