Understanding Medical Malpractice
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Medical malpractice occurs when health care professionals provide substandard treatment in their area of expertise, leading to the injury or death of a patient. In order to have a valid claim for compensation in the state of Maryland, it must be shown the act of malpractice or negligence was perpetrated by the hospital, doctor, nurse, or other health care provider, and that this act directly resulted in the injury, death, disability, or pain and suffering.
If you or a loved one has suffered from the negligence of a medical professional, contact our firm today for the aggressive representation you deserve.
Some of the most common errors made by medical providers are:
- Negligent prenatal care
- Negligent care during childbirth
- Delayed diagnosis
- Medication errors
- Anesthesia errors
- Surgical errors
Unfortunately, medical malpractice is far too common in the United States. Numerous patients needlessly suffer or die every year due to medical negligence by individuals who are supposed to act in a professional manner. Many victims may not be aware of their rights or even how to begin pursuing compensation for the damages that they suffered.
Statute of Limitations for Medical Malpractice in Maryland
As established under Maryland Courts and Judicial Proceedings Section 5-109, the statute of limitations for medical malpractice in Maryland is either five years from the date that the malpractice occurred or three years from the date that the injury or error was initially discovered.
In simple terms, this means that you only have a maximum of five years to file a malpractice lawsuit against the medical professional that harmed you. This deadline may be extended for patients who were under the age of 11 when they were harmed by medical negligence, or if they were under mental disability at the time of the malpractice. Since these deadlines may vary depending on the specifics of each case, it is important to move quickly consult with an attorney as soon as possible to protect your legal rights.
How to Prove Medical Malpractice
The difficulty of proving medical malpractice will vary on a case-by-case basis, though there are certain concepts of medical malpractice law that generally remain constant.
To prove medical malpractice occurred, you must satisfy the following elements:
- A doctor-patient relationship existed, meaning that you hired a doctor to provide treatment and the doctor agreed
to treat you.
- The doctor was negligent in relation to your treatment, violating the standard of care that would be reasonably expected for
any other patient in your situation.
- The doctor’s negligence resulted in injury or the worsening of your condition.
- The injury led to specific damages such as physical pain, mental anguish, additional medical expenses, lost
wages, or loss of the ability to work.
Let Our Skilled Edgewood Lawyer Take on Your Case
If you have suffered medical malpractice, you have legal options available. At the Law Offices of Adam M. Smallow, we have the experience and credentials necessary to help you evaluate these options and effectively pursue monetary damages. Our Harford County medical malpractice attorney is a featured Avvo Client’s Choice lawyer for personal injury in 2014. We offer prompt and responsive service, affordable fees, and aggressive representation as we work towards the best possible outcome.