Every day, millions of Americans depend on inpatient and outpatient medical care to ensure they are healthy and that long-term illnesses and injuries receive the treatment they need to remain manageable. While most medical professionals provide high-quality care without any issues, those who fail to meet the standard of care for their specialty can cause severe and lasting harm to their patients.
If you believe your worsening medical condition stems from reckless or careless behavior by a doctor, nurse, or medical technician, you may want to speak with a Laurel medical malpractice lawyer about your potential grounds for a civil claim. These types of cases are especially complex compared to other forms of personal injury litigation, so getting an experienced attorney’s help can be absolutely crucial to achieving a positive outcome.
Procedural Rules for Malpractice Claims in Laurel
While medical malpractice can undoubtedly cause tangible harm that severely impacts a victim’s current and future health, explaining the nature of the harm and the negligence that led to it can be a technically complicated process. Because of that, Maryland Code, Courts & Judicial Proceedings §3-2C-02 requires all prospective plaintiffs in this kind of case to submit a “certificate of a qualified expert” no more than 90 days after they file their initial complaint, with very limited exceptions for plaintiffs who can show good cause for this requirement to be waived.
This certificate must include a sworn statement by at least one qualified expert affirming that the plaintiff has valid grounds to seek civil compensation based on the defendant professional’s failure to meet the standard of care applicable to healthcare providers in their field working under the established circumstances. As per MD Code, C&JP §3-2C-01(d), a “qualified expert” is a licensed or comparably certified medical professional who is knowledgeable in the same field of medicine as the defendant(s).
Additionally, MD Code, C&JP §5-109 limits prospective medical malpractice plaintiffs to three years after discovering their injuries or five years after their injuries actually took place in which to file suit, whichever date comes first. That being said, there are some exceptions to this deadline for cases involving minors and individuals with severe mental disabilities, as a Laurel medical negligence attorney could explain in more detail.
Recoverable Damages in a Medical Negligence Case
Just like with any other personal injury claim, plaintiffs who achieve favorable outcomes in medical malpractice cases may demand compensation for the full value of economic damages they experienced due to the negligence of the defendant(s) in their claim. These may include additional medical expenses necessitated by substandard treatment, lost work income during recovery, and lost future earning capacity caused by permanent disability or disfigurement.
Importantly, though, MD Code, C&JP §3-2A-09 caps recovery in medical negligence cases for non-economic damages like physical pain, lost enjoyment of life, and psychological trauma. As of 2021, the most a plaintiff may recover for these losses is $845,000, regardless of the degree to which a doctor’s misconduct will impact a plaintiff’s future prospects. Guidance from a medical malpractice lawyer in Laurel could be key to maximizing available recovery in spite of this restriction imposed by state law.
Talk to a Laurel Medical Malpractice Attorney Today
Ideally, every doctor and nurse should behave in a trustworthy and dependable manner with every patient they treat, and to their credit, most medical professionals do just that. Unfortunately, that does not stop the handful of healthcare providers who do not fulfill the standard of care expected of them from causing significant physical, financial, and personal harm to the people who sought help from them.
Achieving a beneficial result from this uniquely complicated form of litigation could be much easier with a skilled Laurel medical malpractice lawyer’s guidance. Schedule a consultation by calling today.
