Maryland Medical Malpractice Lawyers
After an injury or illness, people typically expect to be properly helped when they go to the hospital or doctor’s office; unfortunately, however, that is not always the case.
What can you do when things go wrong, and a healthcare professional has made your situation worse?
In this article we will be discussing medical malpractice: what is it and what are your options moving forward during this scary time.
Spector Injury & Accident Lawyers has been representing families and residents in the Anne Arundel County area for years. Our goal is to help anyone that has suffered from a personal injury from any type of accident, including medical malpractice.
Medical malpractice can take many different forms, including some that are not always obvious, which is why you should have an experienced, knowledgeable top Maryland medical malpractice attorney by your side.
What Is Medical Malpractice?
Medical malpractice is a term that describes negligence by a healthcare provider or professional when the “standard of care” is not met and the treatment that was supposed to be provided either resulted in injury or even death.
While medical malpractice is not usually deliberate, accidents do happen. However, no one should have to suffer because of a medical professional’s failure to provide an appropriate standard of care.
The Most Common Medical Malpractice Claims
Unfortunately, medical malpractice is fairly common across all fields. While there are many different ways medical malpractice can occur, there are a few scenarios that happen more often than others.
- Surgical Errors: this involves any form of negligence that happens during a surgical procedure or after.
- Diagnostic Errors: this can include a misdiagnosis or a failure to diagnose a patient properly. The delaying of diagnosing breast cancer, for example, is among the most common forms of diagnostic malpractice.
- Nursing Home Malpractice: Nursing homes are often involved in medical malpractice claims due to not properly caring for the elderly tenants, which can result in injuries such as falls, bed sores, dehydration, and malnutrition.
- Medication Errors: the administration of drugs can often end in a medical malpractice lawsuit due to errors in prescribed medication, combining two different medications that are dangerous when taken together, as well as injuries from various side-effects caused by the medication.
How Do You Prove Medical Malpractice?
There are certain elements of medical malpractice that must be proven to show the medical provider acted negligently and was at fault. The following elements must be shown by the plaintiff to prove a medical malpractice case:
– Provider and clinic had a duty of care to provide the proper medical care to the patient.
– The injury the patient suffered from was a direct result of an action or inaction the medical provider did or failed to do.
– When, how and why the incident occurred to cause injury to the patient.
– Proof the provider strayed from a reasonable standard of care, which is determined by comparing the actions of similar circumstances with other healthcare providers.
– The harm caused to the patient was directly caused by the providers negligence and not another outside force. It is important to make sure that things such as medications did not play a factor in the injury.
Getting an Expert Witness
Expert witness testimonies are also crucial when it comes to medical malpractice cases. The expert witness must be someone who is well educated and trained to the same extent as, or greater than, the accused.
Having these expert witnesses is important in determining if the proper standard of care was upheld. Their testimony rules out any false statements provided by either the plaintiff or the accused medical provider.
Is Filing a Medical Malpractice Suit Time Sensitive?
Maryland’s statute of limitations states a lawsuit would need to be filed within 5 years of the injury date or 3 years after discovering the injury. One of the only exceptions to this rule is if the injury occurred when the patient was a minor; in this case, the minor will have until he or she reaches 21 years old to file a lawsuit for medical malpractice.
While some injuries caused by medical malpractice are obvious, others are not as apparent. Some medical malpractice injuries can take anywhere from months to even years to be discovered. This is why the law allows a claim to be filed years after the initial injury occurred.
How Often are Medical Malpractice Lawsuits Won?
Approximately 21% of medical malpractice cases that go to trial by jury are successful. This might not seem promising, but a majority of the time medical malpractice cases are settled prior to trial ever commencing. Roughly three out of every four people that file a medical malpractice claim will receive some type of settlement from the accused medical provider.
Misdiagnosis, Medical Negligence, Wrongful Death & More: Contact Spector Injury & Accident Lawyers Your Maryland Medical Malpractice Lawyers
It can be difficult and scary to navigate a lawsuit, especially when you are dealing with injures. If you or someone you know has suffered from a personal injury due to medical malpractice, the dedicated attorneys at Spector Law are here to help.
If you have been injured call 443-505-7343 or contact us on our website to schedule your free, no-obligation consultation.
Spector Injury & Accident Lawyers
225 E Redwood St #400C
Baltimore, MD 21202