Medical malpractice occurs when a medical provider—such as a doctor, dentist, nurse, hospital, or emergency room—fails to act with reasonable care according to the accepted standard of care. When such actions or inactions lead to patient injury or death, the negligence medical provider can be held accountable through civil legal action.
By filing a medical malpractice claim, you can seek financial compensation for your related damages, such as medical expenses, in-home care costs, lost income, and pain and suffering. However, successfully proving your claim can be difficult without the help of an experienced attorney. We strongly recommend that you reach out to our Maryland medical malpractice lawyers at Albers & Associates right away to learn how we can help with your case.
Call (443) 665-8030 or contact us online today for a free, no-obligation consultation.
What Is Medical Malpractice?
Medical malpractice includes any act or omission—i.e., failure to act—that falls outside the accepted standard of care for medical providers in the given circumstances. The “standard of care” is the level of care a patient could reasonably expect to receive from any given healthcare provider. There are varying standards of care; an emergency room doctor, for example, is held to a different standard of care than a general practitioner.
That being said, all healthcare providers must abide by the generally accepted standard of care relevant to their position and the given circumstances. Any deviation could constitute medical malpractice and may serve as grounds for a medical malpractice lawsuit.
Some of the most common examples of medical malpractice include:
- Anesthesia mistakes
- Birth injuries, such as cerebral palsy or brain damage
- Delayed diagnosis and/or treatment
- Diagnostic errors, such as misdiagnosis or failure to diagnose
- Emergency room and hospital negligence
- Failure to disclose prescription interactions or drug side effects
- Failure to obtain informed consent/warn of the risks or complications of a procedure
- Failure to prevent hospital-acquired infections (HAIs)
- Improper follow-up or aftercare, including early discharge
- Improper treatment of a medical condition or illness
- Improper triage in emergency departments
- Surgical errors, including wrong-site surgery and left-behind objects
- Unnecessary surgery and other treatments
Medical malpractice can happen to anyone in a wide variety of medical fields. If you’ve experienced any of the above or another form of negligence from a medical professional, contact Albers & Associates today to learn more about your options for compensation.
Who Can File a Medical Malpractice Claim in Maryland?
In Maryland, you only have a medical malpractice case if you can prove the following:
- A provider-patient relationship existed
- The provider failed to act within or acted outside of the accepted standard of care
- You were injured and suffered measurable damages
- The provider’s breach of the standard of care was the cause of your injuries
Note that simply being unhappy with how your medical provider addressed your concerns or approached your treatment does not necessarily mean that you have a case. Rather, negligence is required to file for medical malpractice, and dissatisfaction does not necessarily mean that the professional in question acted outside of a reasonable standard of care.
Treatment options and plans are not always effective, and no medical professional can claim otherwise. To prove medical malpractice, you must be able to show evidence that your doctor, surgeon, or other medical provider showed negligence that led to harm.
What Is a Certificate of Qualified Expert?
In the state of Maryland, a “Certificate of Qualified Expert” is required to file a medical malpractice claim. This certificate is put together by a medical expert of equal or more expertise than the accused. If you want to file a claim against a surgeon, for example, you will need a certificate of merit from another surgeon.
This expert will need to go over the details of your case and determine whether the accused medical provider acted outside of what would be considered “reasonable.” This is a necessary step before your medical malpractice claim can be filed.
At Albers & Associates, we can help you obtain a Certificate of Qualified Expert. Our Maryland medical malpractice attorneys have access to extensive legal resources, including relationships with expert witnesses and professional medical providers. We know how to build powerful cases on behalf of our clients and are prepared to help you navigate the legal process, all while advocating tirelessly for you and your rights.
Can You File a Medical Malpractice Lawsuit if You Signed a Consent Form?
In some experimental or dangerous procedures, a medical professional may give you a form to sign that states your understanding of the known risks. However, this form does not account for negligent behavior on the part of the medical professional. If your doctor did not act within the bounds of reasonable care, then you may have a case, regardless of whether you signed a consent form.
We encourage you to reach out to our legal team at Albers & Associates for help with your case. Our attorneys can review the details of your situation and provide answers to any questions you may have.
How Long Do You Have to File a Medical Malpractice Lawsuit in Maryland?
The statute of limitations on medical malpractice cases in Maryland is five years from the date on which the injury occurred or three years from the date on which the injury was discovered/could have been discovered if it was not immediately discovered. However, if the patient was a minor—i.e., under the age of 18—when the incident occurred, the clock does not begin ticking until they turn 18. This means that they have until their 23rd birthday to file a medical malpractice lawsuit (in most cases). Other deadlines apply when the patient was mentally incapacitated or disabled when the incident occurred.
In any case, the sooner you act, the better. Over time, important evidence can be lost, and your claim can become more and more difficult to prove. We urge you to contact our Maryland medical malpractice lawyers right away for help with your case.
Why You Should Hire a Medical Malpractice Lawyer
While all personal injury cases can be complicated, medial malpractice claims are especially complex. In addition to strict filing deadlines and rules regarding proving your case, you could be subject to special requirements if your case involves damages over $30,000. Maryland has very strict laws regarding medical malpractice lawsuits, damages, and caps; it is in your best interests to work with a knowledgeable medical malpractice lawyer, like ours at Albers & Associates, who can help you navigate this process and fight for the best possible outcome.
At Albers & Associates, we are prepared to help you with every aspect of your situation, including but not limited to:
- Listening to your story and determining if you have a case
- Investigating the incident and gathering important evidence
- Obtaining critical testimony from expert witnesses and other parties
- Helping you obtain a “Certificate of Qualified Expert”
- Meeting special requirements in your case (if necessary)
- Negotiating with the liable party for a favorable settlement
- Preparing you and your case for litigation and trial (if necessary)
- Representing you in the courtroom and appeal proceedings (if necessary)
We believe in a personal approach. At Albers & Associates, we get to know our clients, learn about their challenges and goals, answer their questions, and provide the compassionate, one-on-one guidance they need to face the legal process. We are dedicated advocates for the injured and believe in aggressively pursuing justice on their behalf.
If you or someone you love has been harmed by a medical provider’s substandard care, reach out to our firm today to set up a no-cost, no-obligation consultation. You do not pay any legal fees unless/until we recover compensation for you.
You can contact us online using our secure submission form here on our website or by phone at (443) 665-8030.