We place our trust in the medical industry, knowing that doctors, nurses, and hospitals will do everything possible to help us heal. Unfortunately, mistakes can happen, and that can cause more harm instead of healing.
When these happen due to negligence, you may have the right to pursue legal action.
If you or a loved one has suffered because of medical negligence, turn to our law firm. Our Bowie medical malpractice lawyer can help you determine your options.
These cases can be complicated, but having the right legal team on your side makes all the difference. Learn whether you want the GDH Law team to fight for you.
What You Need to Know About Medical Malpractice
The medical field has standards for a reason: to ensure that competent doctors, nurses, and other professionals provide all patients with the same level of care. When healthcare providers fail to do so, that is known as medical malpractice.
Medical malpractice isn’t merely an error, it’s a serious breach that can lead to permanent injuries or even wrongful death.
Not every bad medical outcome is malpractice. Sometimes, treatments do not work as expected, even when a doctor does everything right; however, when a healthcare provider makes a preventable mistake, that can be a basis for a malpractice case.
If you have questions about whether your case qualifies for a personal injury claim, our medical malpractice lawyer in Bowie can evaluate it.
Different Types of Medical Malpractice
Medical malpractice can happen in numerous ways, from wrong medication to wrong-site surgeries.
We handle a variety of these claims, including those involving:
Misdiagnosis or Delayed Diagnosis
A missed or incorrect diagnosis causes you to lose valuable time for treatment. For example, if your doctor dismisses symptoms of a heart attack as indigestion or mistakes cancer for a minor infection, that delay could have life-altering consequences.
Surgical Mistakes
No surgery is without risks, but you expect your surgeon not to make a careless mistake. Some errors are caused by negligence, such as operating on the wrong body part or leaving surgical instruments inside a patient.
Medication Errors
A mix-up in medication or dosage can be deadly. These mistakes may cause severe side effects, allergic reactions, or overdose. Anyone can be responsible, including a doctor who writes the wrong prescription or a nurse who administers the wrong drug.
Birth Injuries
When medical negligence occurs during pregnancy, labor, or delivery, mother and baby can suffer.
Cerebral palsy, nerve damage, or brain trauma may be due to a doctor’s failure to monitor fetal distress or perform a necessary C-section in time.
Anesthesia Errors
These mistakes can be dangerous. There is a fine line between administering too much or too little, with both errors resulting in life-threatening complications.
Lack of Informed Consent
Before performing a procedure, doctors must explain the risks and alternatives to their patients.
Your doctor may be liable if you were not fully informed and suffered an unexpected complication.
Liable Parties in a Medical Malpractice Claim
For many, the blame is often shifted to the doctor or surgeon; however, medical malpractice liability is not limited to them. Multiple parties may be responsible, such as:
Nurses and Medical Staff
Nurses may be responsible for errors, such as administering the wrong medication or mishandling patient records.
Their employer may also share liability.
Hospitals and Medical Facilities
Hospitals can be held accountable for unsafe conditions, understaffing, or negligent hiring. They may also be liable if an employee’s negligence occurs within their scope of employment.
Pharmacists and Drug Manufacturers
Pharmacists may be responsible for dispensing incorrect medications. Along with that, drug manufacturers can be held liable for defective or mislabeled drugs.
If you or a loved one suffered from medical negligence, a Bowie medical malpractice lawyer can help identify liable parties in your claim.
What You Need to Prove in These Cases
In these cases, you must do more than prove that a mistake happened. There must be evidence that the mistake directly caused harm. These are the elements of a medical malpractice claim:
Duty of Care
First, you must demonstrate that a doctor-patient relationship existed. With that, the healthcare provider had a legal duty to provide competent care.
Breach of Duty
After that, you must demonstrate that the provider failed to meet the standard of care. This step can be accomplished with testimony from medical experts. They can explain what should have been done differently.
Causation
Even if a doctor made a mistake, the case is not valid unless the error caused the patient’s injury or worsened their condition. This can be particularly challenging for many claims, especially if the patient has a pre-existing medical condition.
Damages
Finally, you must show that they suffered real harm. This can include additional medical expenses, lost income, pain and suffering, or long-term disability.
What Kind of Compensation Can You Get?
If you’ve been harmed by medical negligence, you may be entitled to different types of compensation.
These can include:
Economic Damages
These cover financial losses, such as:
- Past and future medical bills
- Rehabilitation costs
- Lost wages and reduced earning potential
Non-Economic Damages
These compensate for intangible suffering, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship in wrongful death cases
Keep in mind that Maryland has a limit on pain and suffering in medical malpractice cases.
Punitive Damages
Punitive damages are rare in Maryland. However, they may be awarded if the doctor’s actions were especially reckless or intentional.
Filing a Claim in Maryland
The Old Line State has several laws that can affect a medical malpractice case. One of the first is the statute of limitations. Under Maryland law, you have five years from the date of the injury or three years from when the injury was discovered, whichever is earlier, to take legal action. If the victim is a minor, they must file until their 21st birthday.
Additionally, Maryland requires that you submit a Certificate of Qualified Expert within 90 days of filing a lawsuit. A medical expert must sign this document. It confirms that malpractice likely occurred.
Before taking the case to trial, state law requires that malpractice claims go through mediation.
With that, both sides have a chance to settle. During this time, it is essential to have an experienced Bowie medical mistake lawyer to protect your interests and secure the maximum compensation.
A Bowie Medical Malpractice Lawyer Provides the Help You Need
These cases should not be left to any law firm. You need a lawyer with extensive knowledge of medicine and the law. Our Bowie medical error lawyer will thoroughly investigate your case, determine what went wrong, and gather evidence to support those claims.
We will also collaborate with medical experts on the facts of your case. It is not enough to say you were injured; you need solid evidence and testimony to prove your side of the case. While negotiations are part of the process, they don’t always yield the most favorable results. If a settlement can’t be reached, we’ll be prepared to take your case to trial.
At GDH Law, we are here to provide you with the help you need. Medical malpractice claims are complex, and many parties hope that you will take a low-ball offer.
We won’t let that happen to you. Find out how our Bowie medical malpractice lawyer will fight for your best interests.
Contact us today for a free consultation.
