In the complex world of healthcare, being the victim of medical malpractice can be a harrowing and painful experience for both patients and their families.
When faced with the daunting task of seeking justice and compensation for your injuries and suffering, having the right legal representation is crucial. In this blog post, we’ll look at what malpractice means in Maryland and how a Chillum medical malpractice lawyer can help you navigate those legal complexities in the pursuit of justice.
Understanding Medical Malpractice
Maryland State Department of Health’s Office of Healthcare Quality reported more than “800 cases of medical errors that resulted in injuries or death in 2022. About 92% of those were labeled as Level 1, which is the most severe classification; this is double the amount from 2020.”
Surgical errors rose from 31 events in 2021 to 64 in 2022.
In all, the data shows that, from 2020 to 2022, total medical error incidents at Maryland hospitals increased by about 168%.
Medical malpractice occurs when a healthcare professional fails to provide a patient with the accepted standard of medical care, resulting in harm. This can include any negligence that leads to injury or death.
Some common types of medical malpractice include:
- Failure to diagnose: Neglecting to identify a disease or condition can constitute a failure to deliver the standard of care. If other doctors possessing the same information would have correctly diagnosed your condition, the doctor who didn’t may be considered negligent.
- Misdiagnosis: A medical professional incorrectly diagnosing a patient with a different condition than the one they actually have may also be considered a breach of the standard of care. This is especially true if evidence can show that other physicians, with the same information, could have arrived at an accurate diagnosis.
- Lack of follow-up care: The doctor’s responsibility to their patient extends beyond a specific surgery or procedure. Medical complications often don’t arise until days or even weeks following medical care. This is why follow-up care is so important and a critical component of the healing process. Failure to uphold the standard of follow-up care is likely to be construed as a breach of duty.
- Misreading or misinterpreting lab results: Life or death medical decisions and their consequences can often hinge on laboratory test outcomes. Physicians must exercise due diligence in reading, interpreting, and applying these results correctly. Failing to do so can have devasting consequences and bring serious legal and financial damages against doctors and medical facilities.
- Prescription drug errors: Prescription drug errors are one of the most common instigators of medical malpractice cases. These drugs can have far more potent effects on the body than over-the-counter medications. This is why they are so heavily regulated by government agencies, which mandate intense doctor and pharmacist supervision. If a physician prescribes an incorrect drug or dosage or a pharmacist fills a prescription incorrectly, it can lead to severe and even fatal complications.
- Intentional harm: While rare, intentionally causing harm to a patient obviously constitutes a deviation from the acceptable standard of care. Such cases might result in criminal charges, as well as civil liability and loss of licensing.
In Maryland, as in other states, victims of medical malpractice have the right to seek compensation for their injuries and suffering.
Why You Need a Maryland Medical Negligence Attorney
Navigating a medical malpractice case is a complex and intricate process that requires a deep understanding of both the legal and medical aspects involved.
At GDH Law, our seasoned Chillum medical malpractice lawyers are ready and able to be your advocate, helping you build a strong case and fighting to ensure that your rights are protected throughout the legal proceedings.
Maryland has specific laws and regulations governing medical malpractice cases, and it’s essential to be aware of these regulations when pursuing a claim.
The Maryland Health Care Malpractice Claims Statute is a crucial piece of legislation that outlines the procedures and requirements for filing medical malpractice claims in the state, as well as the statute of limitations involving them.
Choosing the Right Lawyer
Choosing the right lawyer for your medical malpractice case can significantly impact the outcome and improve your chances for a positive result. You want an attorney with experience in handling medical malpractice cases and the necessary expertise to navigate the complexities of this area of law.
Initial Consultation
Our medical malpractice attorneys offer a free initial consultation to discuss the details of your case, giving you a risk-free opportunity to assess whether the lawyer is the right fit for your needs.
During this consultation, be prepared to provide a detailed account of the events leading to the alleged malpractice. You’ll also want to bring any medical records you may have and any correspondence with healthcare providers.
Building Your Case
Once you’ve selected a lawyer, the next step is to build a strong case.
Your attorney will work with medical experts to establish a clear connection between the healthcare provider’s negligence and the harm you’ve suffered. This may involve obtaining additional medical records, consulting expert witnesses, and thoroughly investigating the circumstances surrounding the malpractice incident.
The Importance of Expert Witnesses
Expert witnesses play a crucial role in medical malpractice cases. Their testimony helps establish the acceptable standard of care and demonstrates how the defendant deviated from it.
Your lawyer will work with qualified medical professionals who can provide credible and persuasive testimony to support your case.
Negotiation and Settlement
In many cases, medical malpractice claims are resolved through negotiation and settlement rather than going to trial. Your attorney will meet with the defendant’s legal team to reach a fair settlement that compensates you for your injuries and losses.
If a settlement cannot be reached, your attorney will be prepared to take the case to court.
While Maryland doesn’t currently cap or limit the amount of economic damages (such as medical expenses or lost wages) that can be received in a medical malpractice case, as of 2023, non-economic damages were capped at $875,000, increasing by $15,000 each year after.
Legal Help is Available
Facing the aftermath of medical malpractice can be a challenging and traumatic time, but with the right legal help in your corner, you can seek the justice you deserve and the compensation you need.
If you believe you’ve been the victim of medical malpractice in Maryland, it’s vital to seek out a qualified attorney who can guide you through the process. Knowledge is power, and being informed about your rights and the resources available to you is the first step towards a resolution.
Contact us at GDH Law today for a free consultation with a medical malpractice expert!
