Greenbelt Medical Malpractice Lawyer
When a person goes in for a routine procedure and comes out worse than when they entered, this usually means that there was some type of foul play involved. These life-altering errors happen all too frequently. Medical malpractice is oftentimes caused by a negligent or careless medical professional.
When this happens, a Greenbelt personal injury lawyer can help you recover the damages you deserve. Doctors and all licensed healthcare professionals owe the highest legal duty to properly perform their functions with care. When they fail to adhere to the proper standard of care, you should not be the one to pay for their mistakes.
Common Medical Malpractice Claims
Medical Professionals including physicians, nurses, licensed technicians or hospital administrators can be sued for medical malpractice when the following occurs:
- Surgical errors
- Mistakes in diagnosing an injury or illness
- Prescription mistakes: either by the prescribing doctor, a pharmacy, hospital, or outpatient facility
- Brain injury due to improper anesthesia
- Obstetrical and gynecological errors that injure the baby or the mother
- Patient neglect in hospitals, extended care facilities, or outpatient clinics
- Emergency room errors, such as misdiagnosis, substandard care, or giving the wrong medication(s)
For each of these different types of claims, different types of investigative techniques and evidence come into play. With the help of an experienced Greenbelt medical malpractice attorney, you can learn about the most effective approach for pursuing your unique case.
Proving a Medical Malpractice Claim
Not all medical errors constitute malpractice. Sometimes, a defective medical device, prescription drug, or outpatient procedure is the cause. This means that an injury claim could involve a defective-product lawsuit. Medical malpractice could still be a contributing factor, if the health care professional was aware of the dangers of the products or devices and still used them.
In order to have a successful injury case, your Greenbelt medical malpractice lawyer must prove the following:
- The health care provider failed to adhere to the requisite standard of care;
- This failure injured the patient; and,
- The injury or wrongful death caused the patient to suffer financial losses.
Investigations and Damages
An experienced Greenbelt medical malpractice lawyer can assemble the necessary information into a demand package. This package will either compel the insurance company to settle or decide to move forward with a trial. A seasoned malpractice lawyer knows how to anticipate insurance defense strategies and counter them by:
- Successfully proving the clear duty of the defendant
- Showing that the defendant’s breach led to the medical malpractice
The statute of limitations for filing a medical malpractice lawsuit in Maryland is three years from the date the injury occurred [Maryland Annotated Code § 5-109].
There are limits on the amount of damages a plaintiff in a Greenbelt, Maryland medical malpractice claim or case can receive. The limits have slowly risen over the years and will “cap out” in 2015. That limit is $740,000.00. In the event of medical malpractice that led to a wrongful death, the limit is $925,000.00, and the number of surviving beneficiaries who can claim these damages is limited to two.
Call a Medical Malpractice Attorney Today
If you or a family member have suffered an injury because of a medical practitioner’s error or negligence, you should not hesitate to take the necessary steps to find a malpractice lawyer in Greenbelt that can help you get the damages that you deserve. Our legal team understands what you have gone through and can work with you to prepare a claim.
