According to the National Practitioner Data Bank, in 2011 Maryland had 308 payouts that totaled more than $91 million. Medical malpractice cases are effecting the lives of not only the residents of Maryland, but citizens around the world. There were $3.6 billion in payouts for medical malpractice in 2012 nationwide.
There are limitation on damages that can be collected in the state of Maryland. Economic damages are limited to $650,000.00 through 2008. Every three years the cap is raised by $15,000.
Medical malpractice occurs when a medical professional strays away from the standard of care when providing treatment to a patient and injures them as a result. Injured patients can file claims against any responsible licensed medical professional such as counselors, doctors, nurses, pharmacists and psychotherapists.
Examples of medical malpractice are as followed:
- Failure to provide appropriate treatment
- Misdiagnoses
- Unreasonable delay in treatment
In order to have a medical malpractice case you must show:
- There was an existence of legal duty from the medical professional to provide care
- The medical professional strayed away from the standard of care (breach of duty)
- The breach of duty caused injuries
- There is an existence of damages that flow from the injury
During trial, if an expert is a witness then the medical professional must have clinical experience in the related field within five years of the act. If a patient wants to pursue legal action for medical malpractice, it must be within five years from the date of the act or within three years of discovering the injury, whichever period is shorter. The patient must also file a certificate of expert consultation within 90 days of filing a complaint.