To prove your health was damaged by a medical error or mistake, you have to prove the treatment you received did not meet the acceptable standard of care. That can be accomplished with a certificate of qualified expert and a robust case file. If a Maryland medical malpractice lawyer represents you, they will take care of these matters for you.
Your attorney will explain how to prove medical malpractice in Maryland and the state laws that apply to your case. Your lawyer will also clarify your rights as the injured party and the at-fault party’s legal and financial responsibilities. With their assistance, you can request compensation for your medical bills, lost wages, pain and suffering, and more.
A Medical Malpractice Attorney Can Prove the Validity of Your Maryland Case
Medical and healthcare providers are required to provide care that meets an acceptable standard. If it does not, you could be entitled to compensation for any resulting injuries or healthcare challenges.
To prove medical malpractice, you have to prove the healthcare practitioner or facility in question was negligent. Your lawyer will prove the required elements of negligence for youm which includes:
- Duty of care: Proof of your professional relationship with the provider and their responsibility to provide appropriate care
- Breach of duty: Proof that the care you received did not conform to the acceptable standard according to qualified medical peers
- Causation: Proof that the deviation from the acceptable standard of care was the cause of your current medical condition
- Damages: Proof that the deviation from care caused you to incur negative financial consequences
Your legal team will compile the evidence that proves these elements. It will include your original medical records and bills and the same for any corrective care you received. It will also include your own written statement about the toll your damaged health took on your life and lifestyle.
Medical Malpractice Cases Require a Certificate of Qualified Expert
Your allegation of medical malpractice must be substantiated by a qualified medical expert who is licensed to practice medicine in Maryland. They must also have the same or similar experience and specialty as the physician or provider in question.
They must also agree that the care you received deviated from the acceptable standard and caused the resulting damage to your health. You do not have to identify and consult with the needed expert on your own. Your lawyer will obtain and file this mandatory document for you. They will also do so within the required 90-day threshold.
Know Who You Can Sue and What Constitutes Medical Malpractice in Maryland
Medical malpractice is not limited to suing physicians only. You can seek compensation from any medical care provider or facility that damaged your health. According to Md. Cts. & Jud. Proc. Code § 3-2A-01, that can include any of the following:
- Assisted living centers
- Clinical social workers
- Dentists or orthodontists
- Dialysis centers
- Eye doctors and optometrists
- Hospice facilities
- Hospitals or clinics
- Medical daycare centers
- Physical therapists
- Practical nurses or RNs
- Surgical facilities
Not every adverse healthcare outcome constitutes malpractice. You could have a valid medical malpractice case if you suffered from a misdiagnosis, missed diagnosis, or delayed diagnosis. You could also have a case for surgical errors, birth injuries, medication errors, anesthesia errors, or failure to treat.
For legal consultation, call (410)777-8960
Financial Compensation You Can Recover for Medical Malpractice
Recovering from a medical mistake can leave you with medical bills from the time the mistake was discovered until you recover. Your lawyer will track your treatments and their costs and request damages accordingly. They will also request compensation for your:
- Known and anticipated loss of income loss of future earning capacity
- Medical devices and in-home medical and household support
- Ongoing physical, mental, and emotional pain and suffering
- Loss of enjoyment of life and diminished quality of life
If a medical error resulted in the demise of a loved one, specific family members can recover wrongful death damages. In addition to the costs of the decedent’s final arrangements, they include the loss of your loved one’s income and household support.
In most cases, the decedent’s parents, spouse, and children can recover financial damages. Your lawyer will explain who can file a wrongful death action on behalf of your family.
Maryland Law Places a Cap on Medical Malpractice Damages
Medical errors that damage or compromise your health can have long-lasting, costly, and extensive consequences. In Maryland, Md. Cts. & Jud. Proc. Code § 3–2A–09 caps the amount of economic and non-economic damages you can recover.
From 2008, state law permits incremental increases of $15,000 on an annual basis. The lawyer who handles your case will make the appropriate calculations in your case. They will also explain how the state’s damage caps affect your case based on when it occurred and when it was filed.
What You Need to Know About the Medical Malpractice Statute of Limitations
Like all civil lawsuits, your medical malpractice case must comply with Maryland’s filing deadline. In general, Md. Cts. & Jud. Proc. Code § 5-109 gives you up to five years to file your lawsuit.
Doing so can be difficult, though, since it can be hard to pinpoint the exact date that the medical error occurred. You may have to rely on the date it was discovered, which can also be complicated.
Missing or misinterpreting the filing deadline could prevent you from filing your lawsuit or lead to its immediate dismissal. If you are represented by a lawyer, they will handle this complicated part of your case for you and help you avoid the costly risks of non-compliance.
Call (410) 777-8960 for Your Free Medical Malpractice Consultation
If you or someone you love was injured by a medical error or mistake in Maryland, you do not have to prove medical malpractice on your own. Our client-focused personal injury team at MD Accident Law will help you understand and comply with the legal parameters of your case.
Start pursuing financial compensation right now by contacting one of our consultation team members today.