Potomac Medical Malpractice Lawyer
For the most part, Maryland residents can trust that healthcare practitioners will apply their years of training and experience appropriately and consistently to ensure they receive the best possible care under the circumstances. Unfortunately, some doctors, nurses, and technicians fail to meet this standard with every patient, sometimes in ways that allow avoidable harm to befall people who needed help instead.
Lawsuits built around negligence by a healthcare provider are substantially more complex in procedural terms than other forms of civil litigation, so having help from a knowledgeable Potomac medical malpractice lawyer may be crucial to giving you a fair chance at recovery. Without an experienced personal injury attorney on your side of these proceedings, you may have trouble even establishing valid grounds for a claim, let alone recovering the compensation you need to cover your losses.
Unique Requirements for Malpractice Claims
First and foremost, medical malpractice cases are subject to their own statute of limitations separate from the one that applies to other personal injury claims. According to Maryland Code, Courts & Judicial Proceedings §5-109, individuals who suffered preventable harm due to their doctor’s negligence or misconduct have either five years after actually sustaining harm or three years after discovering that harm to file suit, depending on which date comes first. If a malpractice victim was under 11 when they sustained harm, this filing period does not begin until their 11th birthday.
Additionally, malpractice plaintiffs must file what is known as a “certificate of qualified expert” no more than 90 days after filing their initial complaint, as per MD Code, C&JP §§3-2A-04 and 3-2C-02. This certificate must include a statement made by a qualified medical expert that, under penalty of perjury, they believe a breach in an applicable medical standard of care occurred and the plaintiff has grounds to file suit over damages stemming directly from that breach. A Potomac medical malpractice attorney could prove to be an essential ally when it comes to complying with these and other pre-litigation requirements.
Recovering for Economic and Non-Economic Losses
A medical professional or healthcare provider found liable for a plaintiff’s avoidable injuries may subsequently bear financial accountability for all economic losses that patient suffered as a result. These generally center around medical bills for additional treatment necessitated by the defendant provider’s failure to meet the applicable standard of care, but other recoverable economic damages may include lost wages and lost future earning capacity due to long-term disability.
Malpractice victims may also seek recovery for non-economic forms of harm they can trace back to a healthcare professional’s negligence, such as physical pain, emotional trauma, and lost enjoyment of life. However, MD Code, C&JP §3-2A-09 caps non-economic recovery in all medical malpractice claims filed after December 31st, 2020 at $845,000. Malpractice that results in wrongful death may allow for greater non-economic recovery, as a medical negligence lawyer in Potomac could explain in more detail.
A Potomac Medical Malpractice Attorney Could Help
By their nature, injuries and worsened conditions caused by negligent medical care make for immensely complicated personal injury claims. State law requires prospective plaintiffs to complete several preliminary steps not required of other injury victims, and it also limits recovery for certain types of damages.
With help from a Potomac medical malpractice lawyer, though, you could effectively pursue the best resolution possible to your unique situation in spite of possible legal obstacles. Call today to learn more.
