The damages you can recover in a medical malpractice suit in Maryland depend on what you and your family have lost because of medical negligence. A Maryland medical malpractice lawyer in your area can help you pursue compensation for:
- Physical injuries
- Psychological trauma
- Financial stress
Potential compensation from a medical malpractice lawsuit can go a long way to help victims cope with their injuries and losses.
Non-economic Damages Caused by Medical Malpractice
According to state law, both physical and psychological injuries are categorized as non-economic damages.
Under Md. Cts. & Jud. Proc. Code § 3-2A-01(h)(1), you could receive money for physical injuries, such as:
- Painful symptoms associated with the injury, including swelling, stiffness, and soreness
- Physical disabilities that leave you unable to move as freely as you did before
- Traumatic brain injuries that result in intellectual disabilities
- Disfiguring marks, including scars left by the malpractice itself or by treatment you needed (e.g., surgery) to address the malpractice-related injury
In addition, it is important to remember that mental harm is also a recoverable damage in Maryland. Just because you cannot see an injury does not mean it does not exist or does not affect your life. You deserve reimbursement for:
- The fear, distress, and inconvenience you went through because of the malpractice
- New or worsened mental illnesses brought on by the stress of the malpractice
- The pain and sadness you feel knowing that you are not as mobile as you used to be and that you cannot take care of your family in the same way as before
- The deterioration of your relationships with close relatives, such emotional distance between you and your children or the loss of conjugal relations with your spouse
Bodily injuries and illnesses do not just impact your life: your entire family’s routine can be turned upside-down by a single act of medical negligence. The non-economic damages you receive could help your family by:
- Serving as acknowledgment from the liable party that they caused you harm
- Providing additional financial stability in your family’s time of need
- Providing peace of mind by assuring you that the at-fault party has been held responsible for their actions
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Economic Damages You Can Get in a Maryland Medical Malpractice Suit
Malpractice can have a disastrous impact on a family’s finances. You could end up losing more than you can afford if you:
- Have to miss work, meaning that you cannot bring in your usual income and may even lose critical benefits, including health insurance
- Need to go to another doctor to treat the injury, generating even more medical bills that may or may not be covered by your insurance
- Need to hire people to help you with tasks you once did independently, such as a home nurse to take care of you or a lawncare service to maintain your property
- Lose your job because your injuries keep you home for too long or will prevent you from ever being able to resume your former position
- Have to undergo vocational rehabilitation training to find a new job
- Are unable to work in any position ever again
The short- and long-term damage to your family’s monetary situation can be dire. You may have to take out loans or go into debt, or family members not currently working may have to quickly reenter the workforce.
A medical malpractice injury is not your fault, and your family should not have to suffer the financial, physical, and mental consequences of such an event. This is why you have the right to hire a personal injury lawyer to help you fight for damages from the at-fault party.
You Must Prove Medical Negligence Occurred to Collect Compensation
Medical malpractice claims require victims to prove that a medical provider failed to use a standard of care and caused a medical error. This medical error must have caused them injuries. Our medical malpractice attorneys can demonstrate negligence in the following forms:
- Failure to diagnose
- Surgical errors
- Medication errors
Various medical professionals, such as doctors, nurses, and other healthcare providers, may bear liability for your injuries.
When to Seek Medical Malpractice Damages in Maryland
Every state in the country has its own laws restricting when a personal injury survivor can pursue damages from the responsible party. In Maryland, according to Md. Cts. & Jud. Proc. Code § 5-109, the deadline for malpractice survivors may be:
- Five years from the date of injury
- Three years from the date of discovery of the injury
- Put on hold until an underage survivor reaches a certain age
It is always best to seek legal counsel as soon as possible after an injury, but this is especially true in medical malpractice cases where the statute of limitations is so complex.
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When You Can Receive Medical Malpractice Damages
How you receive your settlement or jury award depends on the terms of your agreement. Some people get a lump sum, where the money is all paid at once. Others get a structured settlement and receive multiple payments over time.
It may take a while for your personal injury attorney to determine what damages you can recover in a medical malpractice suit in Maryland and pursue those damages for you. They need time to:
- Collect evidence, such as medical records or witness testimony, to prove that negligence caused your injuries
- Determine your case’s worth based on how much you have already lost and how much you stand to lose in the years ahead
- Make contact with the liable party’s insurance company and find out if they are willing to address your claim or lawsuit in good faith
- Negotiate with the insurer until they agree to pay a settlement that accurately reflects your losses
- Prepare to take your case to court and represent you at trial, if it is necessary to seek a jury award instead of a pretrial settlement
- Deal with your case’s paperwork, including the settlement agreement that will secure your family much-needed compensation
It is difficult to remain patient as your medical malpractice suit works its way through the system. Just remember that your personal injury attorney will be there for you every step of the way and is happy to lend you any additional support you need as you pursue fair damages.
Want Help Recovering Damages in a Maryland Malpractice Suit?
Call Adam M. Smallow today. A member of our team will gladly assess your case at no cost or obligation to you. If you choose to retain our service, we will calculate what damages you can recover in a medical malpractice suit in Maryland and fight relentlessly for the amount your family needs.