Towson Medical Malpractice Lawyer
Everyone in Maryland who visits their primary care physician, goes to a specialist, or seeks emergency treatment in a hospital should receive considerate and compassionate care from qualified healthcare professionals. While most such professionals meet this basic standard of care without any problems, there are unfortunately those who recklessly or carelessly provide substandard treatment to their physicians, sometimes leading to catastrophic—and sadly preventable—harm.
Because medical professionals work under inherently stressful conditions and cannot always guarantee positive results for patients, various special rules apply to lawsuits filed against these providers that can be difficult to understand without a knowledgeable personal injury attorney’s guidance. No matter how strong your case seems on the surface, retaining a skilled Towson medical malpractice lawyer to help you pursue it is often essential to achieving a positive final result.
Deadlines for Malpractice Litigation in Towson
Like other types of personal injury litigation, medical malpractice cases have filing deadlines set out by state law that prospective plaintiffs must adhere to if they want any chance of recovering compensation. According to Maryland Code, Courts & Judicial Proceedings §5-109, most victims of malpractice must file their claim no later than three years after discovering their injuries and no more than five years after those injuries actually occurred.
However, there are some important exceptions to this rule under specific circumstances that, if applicable, a Towson medical malpractice attorney could explain in more detail. For example, when minors suffer harm from medical malpractice, the “clock” for these statutory deadlines generally does not begin until their 18th birthday. Likewise, under MD Code, C&JP §5-201, the applicable deadline for any intellectually disabled person harmed by medical malpractice is three years after their disability ends.
Special Filing Requirements Set by State Law
In addition to the aforementioned time limits for filing suit, people intending to sue over medical malpractice in Maryland must abide by a number of additional rules that apply exclusively to claims alleging negligence by healthcare practitioners. Most notably, as per MD Code, C&JP §§3-2A-04 and 3-2C-02, most plaintiffs must submit an “affidavit of merit” within 90 days of submitting their initial complaint, which must contain an affirmation from a qualified medical professional that the defendant provider(s) failed to meet the applicable standard of care under the circumstances and that this failure was the direct cause of the plaintiff’s injuries.
Furthermore, plaintiffs seeking more than $30,000 in damages must submit their complaint and its accompanying affidavit of merit to the state Health Care Alternative Dispute Resolution Office and go through an arbitration process before proceeding with a lawsuit in court, unless they and/or the defendant acquire permission to waive this requirement. Finally, as a medical negligence lawyer in Towson could clarify, MD Code, C&JP §3-2A-09 caps recovery for non-economic “pain and suffering” damages stemming from medical malpractice at $845,000 as of 2021, with a slightly increased cap applicable to cases involving wrongful death.
Contact a Towson Medical Malpractice Attorney Today
Even compared to other forms of civil litigation, medical malpractice claims are particularly complex and difficult to achieve successful outcomes from. Without support from a legal representative with the experience necessary to navigate the unique rules and restrictions mentioned above, your chances of getting the compensation you deserve will likely be slim.
Once retained, a seasoned Towson medical malpractice lawyer could lend their dedication and expertise to pursuing the best possible resolution to your claim on your behalf. Schedule your initial consultation today.
