Every one of the 77 hospitals in Maryland has a reputation. Whether it is the largest, which is John Hopkins Hospital with 1,042 staffed beds, or the smallest, which is the University of Maryland Shore Medical Center at Chestertown with 5 beds, those facilities are known in the community. Just ask any of the locals, and you’re sure to get an opinion.
Patients at any Maryland hospital can experience the very best of care or be treated unsatisfactorily. In extreme situations, there could be instances of negligence on the part of the hospital staff that rise to the level of medical malpractice. That is when you need to involve an experienced Adelphi medical malpractice lawyer the moment you discover you’ve been harmed.
GDH Law has helped many Maryland residents who have suffered harm because of a medical professional’s negligence. These are extremely complicated claims to pursue, but we don’t back down from a challenge.
If you or someone in your family has been harmed by a doctor, nurse, or hospital staff member, you might have an actionable cause to seek compensation for your expenses and pain and suffering.
Common Types of Medical Negligence Claims We Handle
When you get into a car accident, it is with a stranger whom you won’t hesitate to file a claim against if they were a reckless driver. It is quite a bit different if you were harmed by a doctor who you put your trust in, especially if it is someone you have an established relationship with.
It doesn’t matter if you’ve been seeing that doctor for years or just met them in the ER; if they harmed you through negligence, you are entitled to seek compensation.
There are many types of medical negligence to consider. Which of the following would apply to your situation?
Misdiagnosis or Delayed Diagnosis
When you first meet with a doctor, they’re going to ask what’s wrong and conduct a baseline examination. They might order specific tests to further determine what might be going on. At any point along the way, the doctor could fail to diagnose a condition or diagnose the wrong one. Missing those symptoms can lead to harmful conditions, such as cancer or heart attacks, that can worsen.
Surgical Errors
Recent data has found that approximately 4,000 preventable surgical errors occur across the country each year. These are referred to as “never events” and can include such errors as leaving instruments in a patient, operating on the wrong side, or performing the wrong procedure altogether. In these cases, your medical malpractice lawyer could name several parties who are part of the surgical team as liable for the harm.
Medication Errors
Although pharmacies are computerized, errors in prescribing, such as the incorrect dosage or wrong medication, can still occur. The computer file might not list dangerous allergic reactions or drug interactions. That is up to the pharmacist or doctor to ask.
Childbirth Injuries
There are roughly 65,000 babies born in Maryland each year, according to data collected by WYPR. The majority of those babies are healthy and sent home within days. Sadly, there are other families who must endure the pains of a childbirth injury. Negligence during prenatal care, labor, or the actual delivery can cause life-altering injuries such as cerebral palsy, nerve damage, or shoulder dystocia.
Anesthesia Errors
An anesthesiologist works closely with your doctors to administer the proper dosage of anesthesia for a procedure. This is something that needs to be carefully monitored during surgery. If there is too much, too little anesthesia, or an adverse reaction, it can cause brain damage or death.
Failure to Treat
Discussing your symptoms with a doctor should never be thought of as a “complaint.” Every symptom needs to be taken seriously, even when a patient can’t quite put into words what they are experiencing. When a doctor ignores symptoms or fails to order necessary tests, what was a treatable condition can escalate into a life-threatening ordeal.
Nursing Home Negligence
Nursing homes are designed to provide around-the-clock medical assistance for the residents. That requires a certified and attentive medical staff. When that staff fails to provide proper care, it can put a resident’s health at risk.
In order to prevail in your claim, it is important to determine the type of malpractice you’re dealing with. The attorneys at GDH Law understand how these types of things can occur. That understanding helps us build a strong foundation for a nursing home negligence claim.
Maryland Medical Malpractice Laws and Your Rights
There are many protections put in place to support patients, starting with the Health Insurance Portability and Accountability Act (HIPAA), which protects a patient’s privacy. There are also laws in place to protect medical professionals. Every doctor, nurse, and hospital staff member takes on the burden of responsibility for every patient in their care. They shouldn’t be overwhelmed by frivolous lawsuits.
However, in those instances where legitimate harm has occurred, those same professionals need to be held accountable. That is why it is crucial to work with an experienced medical malpractice attorney who understands the law. The following are some key aspects of Maryland medical malpractice laws that will apply to any claim:
Filing with HCADRO
Many medical malpractice claims must first be filed with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO). This is a system that provides mandatory arbitration for any medical malpractice claim. Your claim would be presented to a three-person panel that includes an attorney, a health care provider, and a member of the public.
After hearing your evidence, the panel will determine who might be liable and assess damages. The result of the arbitration can be appealed. You can also waive the arbitration process and proceed directly with your lawsuit in the Circuit Court.
Certificate of Merit
A Certificate of Merit or Certificate of Qualified Expert is required to be filed within 90 days of the initial claim filing. This certificate is intended to verify that the healthcare provider breached the standard of care and should be held responsible for any subsequent damages arising from that breach. The certificate is written by a medical professional in the same field related to your injury. It is also written in conjunction with your attorney.
Statute of Limitations
The statute of limitations prevents lawsuits against doctors from being brought beyond a reasonable time. In Maryland, you must file a claim within three years from the date your injury was discovered or five years from the date the error incident occurred, whichever occurs first. The exception to this applies to minors who have three years after their 18th birthday to file.
Meeting your deadlines and dealing with the necessary arbitration procedures and certifications can seem overwhelming. That is why you need an experienced attorney in your corner who can provide the guidance to help you navigate through the entire claims process and ensure you meet all your deadlines.
The Role of Expert Testimony in Your Malpractice Case
Expert testimony is often indispensable in medical malpractice claims. When called upon to provide affidavits or direct testimony, these experts can help strengthen your claim. They first define what is considered an acceptable standard of care. This is what a reasonably competent healthcare professional would have done under similar circumstances to your incident. For example, if you show up in the ER nearest your home with a broken arm, you should expect the same level of treatment that you would get in any ER.
A medical expert can also speak about what specifically went wrong and caused you harm. There is risk associated with any type of procedure or treatment, but that risk should not be compounded by negligent acts.
If your claim ends up going before a jury, a medical expert can play a critical role in breaking down complex medical terms so that the jury can understand what went wrong. A medical expert can also speak to the scope of any potential damages.
GDH Law has a network of medical professionals standing by to assist in advocacy on behalf of our clients. We understand how important it is to find the right expert to support a claim and leave no doubt about what went wrong and what harm was caused.
Recovering Compensation for Healthcare Negligence
Another important aspect of working with a skilled medical malpractice attorney is the support they provide in calculating all the damages associated with your injury. You need to consider the full scope of any losses you endured as a result of the incident. You are entitled to seek the following:
Economic Damages
Economic damage covers all the tangible aspects of losses, such as medical bills from follow-up procedures and treatments, hospitalization, medication, and physical therapy. Your economic damages also cover any lost wages that might have happened as a result of your recovery.
Noneconomic Damages
Your non-economic damages are associated with the pain and suffering that you endured as a result of your injury. Included in that is the mental stress, such as anxiety and depression, that your injury might have caused. While there is no limit on the amount of economic damages you recover, in Maryland, there is a cap on non-economic damages.
Currently, that cap stands at $890,000 to $950,000 depending on the date of the incident.
It is also important to consider Maryland’s contributory negligence rule, as it might apply to a medical malpractice claim. Under this rule, if you are found to be partially at fault for your injuries, you would not be entitled to seek any compensation.
How would this apply to a medical malpractice claim? Suppose you have issues with an orthopedic procedure. You might claim that the operation was performed incorrectly, and you’ve been subjected to pain ever since. However, if your doctor prescribed physical therapy that you didn’t attend, they could assert your pain is because of that and not the procedure.
This is why it is extremely important to have a rock-solid case that will leave no doubt as to what happened and who is to blame.
FAQs About Medical Malpractice Claims
What is the statute of limitations for medical malpractice in Maryland?
In Maryland, a medical malpractice claim must generally be filed within five years of the time the injury was committed or three years of the date the injury was discovered, whichever is earlier. There are specific exceptions for minors, so it is critical to consult with a lawyer to determine your specific deadline.
How do I prove a doctor was negligent in Adelphi?
Proving negligence requires establishing that a doctor-patient relationship existed, the doctor breached the accepted standard of care, and this breach directly caused your injuries. In Maryland, this almost always requires a certificate from a qualified medical expert testifying to the breach.
What is the Maryland cap on medical malpractice damages?
Maryland imposes a statutory cap on non-economic damages, such as pain and suffering, which increases slightly each year. Economic damages, including medical bills and lost future earnings, are not capped and are calculated based on your actual and projected financial losses.
Why Choose GDH Law As Your Adelphi Medical Malpractice Lawyer
In the category of personal injury claims, medical malpractice claims are among the most complex types of cases. There are many elements that separate these claims from other types of claims, such as a car accident. With a medical malpractice claim, you need to adhere to strict filing deadlines, file a Certificate of Qualification, and present your case to the Maryland Health Care Alternative Dispute Resolution Office. That is clearly not something you want to take on by yourself.
The attorneys at GDH Law have helped many clients navigate the challenging medical malpractice claims process. We understand the procedural hurdles and legal standards involved in holding negligent healthcare providers accountable.
Our firm brings a local advantage to your case. Located in nearby Lanham, we are familiar with the Prince George’s County court system as well as all the regional healthcare providers. We also have a deep understanding of the specific legal procedures required in Maryland to pursue a malpractice claim.
GDW Law also works with qualified medical experts who help establish the applicable standard of care and identify where negligence occurred. From reviewing medical records to preparing expert testimony, we build a comprehensive case that clearly demonstrates liability and damages.
We also understand the emotional component of a medical malpractice claim. You have endured pain and suffering as a result of actions from a medical professional you put your trust in. Our team is dedicated to providing our clients with compassionate guidance throughout the entire process. We will always aggressively advocate for our clients’ rights.
If you or a loved one has suffered harm due to medical negligence, GDW Law wants to hear from you. Contact our Adelphi medical malpractice lawyer today to set up a free case review. Let’s find out if we can work together to pursue the compensation you deserve.
