Maryland Anesthesia Error Lawyer
Experiencing an injury due to anesthesia malpractice can be a scary situation that can leave you feeling helpless. If you have experienced such an injury, consult with a Maryland anesthesia error lawyer as soon as possible. An experienced medical malpractice attorney could prepare and present your case to fight for the compensation that you deserve.
Filing A Lawsuit
When it comes to filing medical malpractice lawsuits, Maryland law includes a statute of limitations. According to Maryland Courts and Judicial Proceedings Code §5–109, you must file “an action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider” within either:
- Five years from the time of the injury
- Three years from the date that the injury was discovered
It is important to keep in mind that injured individuals must prove that they did not—or could not—discover the injury prior to the time that they filed the suit.
And if injured individuals struggled with a mental disability or were under the age of 18 when the medical malpractice occurred, the laws vary. Specifically, the Maryland Courts and Judicial Proceedings Code § 5-201 states that the maximum date that a claim can be filed is three years from the time when the mental disability ends or the individual turns 18.
Finding a Certified Expert
After filing a claim within the relevant time, individuals that have suffered from anesthesia malpractice must file a “certificate of a qualified expert,” which involves a medical professional reviewing your case and swearing under oath that they believe the health care provider breached the medical standard of care during treatment.
As per the Maryland Courts and Judicial Proceedings Code § 3–2C–02, this must occur within 90 days of filing the lawsuit.
With the help of a Maryland anesthesia malpractice lawyer, individuals will have help connecting with medical professionals that have the relevant expertise needed to help their case.
According to Maryland Courts and Judicial Proceedings Code § 3–2C–01, this means finding a professional that is licensed in Maryland and “knowledgeable” enough to provide the standard of care in anesthesia. Failing to find the right person will likely result in a dismissal of the case, which is why it is so crucial to have help during the process.
Presenting Your Case
After filing your suit and finding the right expert, injured individuals finally have the chance to argue their case in court and obtain the compensation they deserve. Although this is a complex process, having an attorney experienced in anesthesia malpractice goes a long way.
As far as compensation, Maryland Courts and Judicial Proceedings Code § 3–2A-09, states caps of:
- $785,000 for lawsuits filed in 2017
- $800,000 for lawsuits filed in 2018
- $815,000 for lawsuits filed in 2019
- $830,000 for lawsuits filed in 2020
Talk to a Maryland Anesthesia Error Attorney Today
With the right legal guidance, you can fight for compensation for the pain you have suffered. If you are looking for an anesthesia error lawyer in Maryland, contact our offices today and we can connect you with one of our legal professionals.
