Despite the best of intentions or years of medical training and experience, things can go wrong at the hospital and the doctor’s office. If you or someone you love have suffered injuries or wrongful death due to a medical error, a Middle River medical malpractice lawyer at the Law Offices of Adam M. Smallow can help.
You may be entitled to recover a variety of damages for the harm you’ve suffered. A no-cost consultation with our team can help you understand your legal options. Medical malpractice claims follow strict rules.
Compensation for Your Losses
Doctors and other health care professionals must be held accountable for their negligent care, whether in treatment, health management, or aftercare. You should not have to suffer physically or financially.
If you have a medical malpractice claim, you may be entitled to receive compensation that covers:
- Future and pending medical expenses
- Emergency room visits
- Prescription medication
- Physical therapy
- Adaptability or accessibility modifications
- Medical equipment
- Lost income
- Inability to earn
You may also be able to receive financial compensation for your pain and suffering, along with other non-economic losses, such as:
- Chronic pain
- Reduce enjoyment of life
- Lost quality of life
- Loss of consortium or companionship
- Mental anguish
- Emotional distress
- Psychological disorders
- Paralysis or other physical impairment
- Disfigurement or scarring
For legal consultation with a medical malpractice attorney in Middle River, call (410)777-8960
Understanding Medical Malpractice
Medical malpractice cases are some of the most complex in the area of personal injury law. Demonstrating that a medical provider’s error led to your injury is not as simple as knowing something went wrong. Medical malpractice is an act or omission during a patient’s treatment that falls below the acceptable standard of care and results in injuries.
Put simply, when you go to a medical provider, they have a duty to treat your health concerns in such a way that does not cause any additional, preventable harm. Their care should also meet accepted medical standards. When it does not, the care they provided is considered “negligent.” Negligent care that leads to injury or death is medical malpractice.
There Are Various Types of Medical Malpractice Errors
A medical practice claim can arise out of the actions of a physician, nurse, or larger entity such as a hospital. Misdiagnosis or delayed diagnosis accounts for the majority of medical malpractice claims in primary care, according to BMJ Open. Indeed, precious time is lost with loved ones, and quality of life is diminished when an inaccurate diagnosis is given. Further, diagnosing too late allows the health problem to grow more severe.
Common negligent acts that lead to malpractice claims include:
- Delayed diagnoses
- birth-related injuries
- Prenatal care errors
- Errors in prescribing medications or administering anesthesia.
- Surgical errors (leaving things inside the patient’s body, operating on the wrong body part, etc.)
- Delayed treatment
- Not following up or monitoring vitals
Remember, a medical error does not necessarily constitute negligence. You must demonstrate that a medical professional failed to afford you the standard of care. A medical malpractice attorney in Middle River can help gather evidence of a medical professional’s negligence.
Middle River Medical Malpractice Attorney (410)777-8960
Medical Malpractice Requires Ample Evidence
Medical malpractice is a form of negligence. In this way, a similar set of criteria must be met to show negligence as in other types of personal injury cases such as premises liability or car accidents. In order to claim you were the victim of medical malpractice, there must be four essential criteria met:
- There was a professional duty owed to the patient. In other words, you were seeking treatment from them as a doctor.
- The physician breached that duty through negligence, i.e. not providing the medical standard of care.
- The negligence resulted in the patient’s injury.
- The injury led to damages.
The medical standard of care is the level or type of care that a reasonably competent health care professional in the community with a similar background would have provided under the same circumstances.
A Middle River Medical Malpractice Attorney at Our Firm Can Help
A medical malpractice lawyer at our firm will conduct a thorough investigation to discover the cause of your injuries and who is at fault.
To build a compelling case, we’ll gather evidence and speak with medical experts to establish the medical standard of care and prove negligence. Our legal team will also:
- Keep you updated on your case
- Handle communication with the other parties
- Investigate your medical malpractice claims
- Gather medical records and other documents
- Speak with witnesses and medical personnel
- Obtain medical expert testimony
- File your medical malpractice claim
- File a malpractice lawsuit, if necessary
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Maryland’s Statute of Limitations May Impact Your Case
Middle River residents pursuing medical malpractice lawsuits have to file within five years of the date of injury or three years from the date of discovery, per Md. Cts. & Jud. Proc. Code § 5-109. If you are unable to settle your claim with the insurance company and decide to file a lawsuit, you must do so within that deadline.
As it takes time to build a proper case, you want to get started on your claim as soon as possible. Waiting to file jeopardizes your ability to receive compensation.
Call the Law Offices of Adam M. Smallow for Help
You don’t have to suffer in silence. A Middle River medical malpractice lawyer at the Law Offices of Adam M. Smallow can help you navigate the legal aspects of your case. Call (410) 777-8960 for a free consultation today.