When we leave the doctor’s office or hospital, we expect to feel better, not worse. However, that does not always happen. Sometimes, mistakes are made, and they can result in illnesses, injuries, and even death.
When doctors provide substandard care, they can be held liable. This is called medical malpractice, and injured patients have the right to seek justice and compensation.
These cases are highly complex. The law is on the doctors’ side, so you’ll need all the proof and evidence you can get to prove your case successfully.
You simply can’t do this alone. If you believe your injuries were caused by medical malpractice, seek help from Furman | Honick Law.
Contact our experienced Baltimore medical malpractice lawyers today to learn more about your legal options. Our skilled legal team can handle many types of injury claims, including:
- Amputation Injury
- Anesthesia Error
- Bed Sores
- Birth Complications
- Birth Injury
- Brachial Plexus
- Cerebral Palsy
- C-Section Injury
- Cancer Misdiagnosis
- Doctor Error
- Emergency Room Error
- Failure to Diagnose Cancer
- Failure to Diagnose Heart Attack
- Failure to Diagnose
- Failure to Diagnose Stroke
- Fetal Distress
- Forceps Injury
- Heart Attack Malpractice
- Hospital Infection
- Hospital Error
- Infant Brain Damage
- Infant Wrongful Death
- Labor & Delivery Negligence
- Laboratory Error
- Misdiagnosis
- NICU Malpractice
- Nursing Error
- Nursing Home Abuse
- OBGYN Malpractice
- Preeclampsia
- Prescription Error
- Preventable Suicide
- Pulmonary Embolism
- Sepsis & Septic Shock
- Shoulder Dystocia
- Spinal Cord Birth Injury
- Stroke
- Surgery Complication
- Surgical Error
- Umbilical Cord Birth Injury
- Vacuum Extraction Injury
- Wrongful Death
Our Baltimore office is available by appointment only.
Maryland Medical Malpractice Lawsuits
Baltimore, Maryland, has a rich history as a major city in the United States, and its thriving medical community is no exception.
As the largest city in Maryland, Baltimore has several reputable hospitals and medical facilities, including Johns Hopkins Hospital, University of Maryland Medical Center, Sinai Hospital of Baltimore, Mercy Medical Center, and MedStar Union Memorial Hospital.
Despite these institutions’ high-quality care, medical malpractice remains a pressing issue in Baltimore and Maryland. Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in injury or harm to a patient.
Common medical malpractice injuries in Baltimore include:
- Birth injuries
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Hospital-acquired infections
These injuries often arise from various causes, such as inadequate training, understaffing, communication breakdowns, systemic issues within the healthcare facility, and lapses in judgment by healthcare professionals.
These errors can result in serious injury or even death, leading to a significant emotional and financial burden on the affected patients and their families.
In Baltimore, lawsuits resulting from medical malpractice typically seek compensation for damages such as medical expenses, lost wages, pain and suffering, and, in cases involving wrongful death, funeral costs, and loss of companionship.
To file a successful medical malpractice lawsuit, the plaintiff must establish that the healthcare provider failed to meet the standard of care and directly caused the injury or harm.
Maryland law requires a qualified medical expert to provide testimony to support the plaintiff’s claims. The state has a cap on non-economic damages in medical malpractice cases, and plaintiffs must file their lawsuit within a specified time frame, known as the statute of limitations.
Causes of Medical Malpractice
Medical malpractice is often caused by the following:
- Misdiagnosis. When a disease is diagnosed correctly, doctors treat it appropriately. When the diagnosis is delayed, or the doctor does not come up with the correct diagnosis, a disease typically worsens.
- Medication errors. Errors periodically occur through prescriptions, whether they are hard copy or electronic. A medication error, such as the wrong dose or the wrong medication altogether, might cause a patient to suffer serious side effects and even die.
- Surgical errors. Surgeons are not perfect. Operations come with many risks, such as performing surgery on the wrong body part and leaving surgical tools inside the patient’s body. These cases are complicated because it may take months for a complication to occur.
- Anesthesia errors. Anesthesia errors occur during surgical procedures. The most common issues involve improper dosage, wrong medication, mislabeled syringes, and misuse of the pump.
- Defective medical equipment. Critical medical equipment sometimes fails when patients need it the most. When heart monitors, defibrillators, ventilators, and other equipment fail, it is likely due to a defect, and the manufacturer may be liable.
- Childbirth injuries. Having a baby is supposed to be a joyous time, but things do not always go as planned. Doctors may fail to monitor the baby or take emergency measures, which may cause a lack of oxygen and injuries.
What are the Elements of a Medical Malpractice Claim?
To prove medical malpractice, the victim must prove several elements:
- The medical professional failed to provide a proper standard of care.
- The negligence leads to an injury.
- The injury caused damages.
A medical error may result in medical bills, lost wages, pain and suffering, scarring, disfigurement, loss of enjoyment of life, and other damages.
Contact the experienced injury lawyers at Furman | Honick Law for a free consultation to see if you have a valid case.
Steps to Take After Suspecting Medical Malpractice
If you suspect medical negligence has harmed you, taking the right steps early is essential to protect your Baltimore medical malpractice claim.
- Gather Medical Records and Documentation
Collect all relevant medical records, including test results, treatment notes, and prescriptions. These records establish a clear timeline and highlight the care provided, which is critical for a medical malpractice case. - Record Symptoms and Condition Changes
Document any physical and emotional effects you experience after the suspected medical mistake. Journaling about your symptoms, treatments, and pain helps clarify the error’s impact on your health. - Seek a Second Medical Opinion
Consult a different healthcare provider for an independent assessment of your condition. An experienced medical professional’s insight may confirm the presence of medical negligence and guide you toward appropriate care. - Limit Communication with the Medical Provider
Avoid discussing the situation directly with the involved medical provider or healthcare facility. Any statements may affect your medical malpractice claim. - Consult a Baltimore Medical Malpractice Lawyer
Contact a Baltimore medical malpractice attorney with experience in medical negligence cases. Knowledgeable medical malpractice attorneys provide clarity on the legal process and advocate for compensation for damages such as medical costs and lost income.
Taking these actions lays a strong foundation for pursuing justice and compensation. For guidance, reach out for a free consultation with our Baltimore medical malpractice attorneys. We are dedicated to helping victims of medical negligence.
Maryland’s Statute of Limitations for Medical Malpractice
In Maryland, strict deadlines apply for filing a medical malpractice claim. Knowing these time limits is essential to protecting your rights.
- Standard Deadline for Medical Malpractice Lawsuits
Maryland law requires filing a medical malpractice lawsuit within five years of the date of the injury or three years from the date the injury was discovered, whichever is sooner. - Deadline Extensions for Minor Victims
When minors are involved, the statute of limitations adjusts. For most claims, minors have until three years after their 18th birthday to file a medical malpractice lawsuit. - Consequences of Missing the Deadline
Failing to meet the deadline generally bars the opportunity to pursue financial recovery. Starting early gives your legal team more time to gather evidence and build your case effectively. - Acting Without Delay
Medical malpractice claims require thorough preparation, and delays may weaken a case. Acting promptly ensures a stronger case foundation and preserves your right to pursue justice.
For guidance and timely action, consult with the Baltimore medical malpractice attorneys at Furman | Honick Law. We have extensive experience handling these cases.
Medical Malpractice and Insurance Challenges
Navigating insurance challenges in a medical malpractice case requires strategic approaches, as insurers may attempt to minimize or deny claims.
Understanding these hurdles prepares you to advocate for fair compensation.
- Disputes on Medical Negligence Claims
Insurance companies frequently dispute medical negligence claims, supporting the standard of care provided by healthcare professionals. - Settlement Offers Below the Value of Damages
Insurers often offer settlements that fall short of covering medical expenses, lost wages, and other financial impacts from medical negligence. - Insurance Company Delays in Medical Malpractice Cases
Delays are common as insurance adjusters may stall negotiations in hopes of pressuring victims to settle quickly. - Disputes on Serious Injury Impact
Insurers may argue that a medical injury is not as severe as claimed, especially in cases of surgical errors or birth injuries. - Limitations in Coverage for Medical Malpractice Lawsuits
Insurance policy limits may cap the compensation available in medical malpractice cases, potentially limiting recovery for severe cases involving long-term or permanent injuries.
Insurance issues in medical malpractice cases are often complicated, but working with Baltimore medical malpractice lawyers knowledgeable in insurance disputes helps you overcome these challenges.
FAQs
What is medical malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to meet the standard of care expected in their profession, harming the patient. Examples include surgical errors, misdiagnoses, medication mistakes, and birth injuries.
How do I know if I have a medical malpractice claim?
If you suspect a healthcare provider’s actions or inactions caused serious injury, you may have grounds for a medical malpractice claim. Key elements include proving that the medical professional failed to provide the standard of care, that this failure directly caused your injury, and that you suffered damages.
What damages can I recover in a medical malpractice lawsuit?
Victims of medical negligence may be eligible for compensation for medical bills, lost wages, pain and suffering, and, in cases involving wrongful death, funeral expenses and loss of companionship.
How long do I have to file a medical malpractice lawsuit in Maryland?
In Maryland, the statute of limitations for medical malpractice cases is generally five years from the date of the injury or three years from the date the injury was discovered, whichever is sooner. There are exceptions, such as for minors.
Why do I need a medical malpractice lawyer to handle my case?
Medical malpractice cases are complex and require thorough investigation, expert testimony, and detailed legal knowledge. Handling these claims without a lawyer leads to challenges with insurance companies and undervalued settlements.
What role do insurance companies play in medical malpractice claims?
Insurance companies represent healthcare providers and often aim to minimize payouts on medical malpractice claims. They may deny liability, offer low settlements, or delay the process.
What are common types of medical malpractice cases?
Common types include surgical errors, delayed diagnosis, misdiagnosis, anesthesia errors, birth injuries, and medication mistakes.
Can I file a medical malpractice lawsuit for wrongful death?
Yes, wrongful death claims can be filed if a loved one lost their life due to medical negligence. These cases seek compensation for funeral expenses, loss of companionship, and other damages.
How is a medical malpractice lawyer compensated?
Most medical malpractice lawyers work on a contingency fee basis, meaning they only receive payment if you win your case. This arrangement allows malpractice victims to pursue justice without upfront legal fees.
What should I bring to my first consultation with a Baltimore medical malpractice lawyer?
Bring all relevant medical records, documentation of expenses, and any communication records with healthcare providers or insurance companies.
How do I start a medical malpractice case in Baltimore?
Contact our skilled Baltimore medical malpractice attorneys to review your situation. They’ll assess your case, gather evidence, consult experts, and handle negotiations with insurance companies, guiding you through each step of the legal process.
Contact Furman | Honick Law Today
Doctors make mistakes just like the rest of us, but getting compensation for these harmful errors can be an uphill battle.
Furman | Honick Law can help you understand what happened and how the courts will award proper compensation for all your injuries.
Get started with a free consultation. Contact one of our experienced Baltimore personal injury lawyers today at (410) 844-6000.