When a healthcare provider's actions cause injury, figuring out what to do next may seem unclear. If you suspect your injury resulted from substandard medical care, an experienced Owings Mills medical malpractice lawyer can help you find answers.Let our dedicated legal team review the facts of your case and outline your options. Contact Furman Honick Law today to discuss your case at (410) 844-6000.
Key Takeaways for Owings Mills Medical Malpractice Lawyer
- Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care and injures a patient.
- Maryland law requires filing a claim with the Health Care Alternative Dispute Resolution Office and submitting a Certificate of a Qualified Expert before you can file a lawsuit.
- Evidence in these cases usually includes medical records, expert witness testimony, and documentation of your damages.
- You may pursue compensation for medical expenses, lost income, and pain and suffering.
- Strict deadlines, known as the statute of limitations, apply to medical malpractice claims in Maryland, making it important to act promptly.
Why Choose Furman Honick Law for Your Case
The right team can make a substantial difference in the outcome of your claim. Furman Honick Law provides dedicated representation grounded in local experience. We proudly serve clients throughout Owings Mills, from Reisterstown Road to Lakeside Boulevard.
Our Connection to the Owings Mills Community
We’re not a distant national firm but a part of your community. Our team has a unique perspective on the local legal landscape. From Foundry Row to SurgiCenter, we’re familiar with the area and the people who live here. We’re the medical malpractice attorneys Owings Mills residents trust.
Focused Experience
Our practice has extensive experience representing victims of medical malpractice. We dedicate our resources and skills to helping clients injured by healthcare negligence. We know what it takes to handle the intricate details of these cases to maximize your compensation.
A Commitment to Your Recovery
We handle every aspect of your legal claim so you can focus on your health and your family. We communicate with medical providers, file all necessary legal documents, and stand up for you at every stage. Our team shoulders the legal burden and works to build a strong foundation for your claim.
For a clear evaluation of your case, call an Owings Mills medical malpractice lawyer at Furman Honick Law. Contact our Owings Mills office at (410) 844-6000 to start the conversation.
What Is Medical Malpractice in Maryland?
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to provide the accepted standard of care, resulting in patient harm.
The standard of care refers to the level and type of care that a reasonably competent and skilled healthcare professional with a similar background would have provided under the same circumstances.
To pursue a claim, your attorney must demonstrate two main points. First, that the provider’s actions fell below this professional standard of care. Second, their failure directly caused your injury and led to specific damages.
What Doesn’t Count as Malpractice
Simply having a poor medical outcome doesn’t automatically mean malpractice occurred. Healthcare has inherent risks, and not all negative results are due to negligence. A successful claim hinges on proving a direct link between the provider’s mistake and the subsequent harm you experienced.
This is why having a knowledgeable medical negligence lawyer in Owings Mills is so valuable.
Proving a Breach in the Standard of Care
The most challenging part of a malpractice claim is proving that the healthcare provider breached the accepted standard of care. This often requires testimony from other medical professionals who can evaluate your records and clarify what a competent provider may have done in a similar situation.
Your legal team will obtain and analyze all relevant medical records. We can consult with qualified professionals to define the standard of care applicable to your situation. These witnesses can illustrate how your provider’s actions deviated from that standard.
This foundational work helps build a strong and credible case.
Types of Medical Malpractice Claims in Owings Mills
Medical errors can happen in any healthcare setting, from a local clinic like Patient First Urgent & Primary Care to a hospital like Northwest. An Owings Mills medical malpractice lawyer can investigate various forms of negligence.
Common examples include:
- Misdiagnosis or Delayed Diagnosis: A doctor fails to correctly identify a patient's illness in a timely manner, leading to a delay in treatment and a worse outcome.
- Surgical Errors: A surgeon operates on the wrong body part, leaves a medical instrument inside a patient, or makes another preventable mistake during a procedure.
- Anesthesia Errors: An anesthesiologist administers the wrong dosage or type of anesthesia, fails to monitor vital signs, or uses defective equipment.
- Medication Errors: A provider prescribes or administers the wrong drug, the incorrect dosage, or a medication to which the patient has a known allergy.
- Birth Injuries: A doctor or delivery team's negligence during pregnancy, labor, or delivery causes harm to the mother or child.
Establishing a Case for Compensation After Healthcare Negligence
Building a medical malpractice claim requires a detailed investigation and careful documentation. Your legal team works to gather and assemble all the necessary components to present a clear picture of what happened. They chronicle the events that led to your injury.
Required Certificate of a Qualified Expert
In Maryland, you must first file a claim with the Health Care Alternative Dispute Resolution Office before you can file a medical malpractice lawsuit.
Within 90 days of filing, your attorney must submit a Certificate of a Qualified Expert. The certificate is a sworn statement from a medical professional in a relevant field who attests that your provider's actions breached the standard of care and directly caused your injury. This step is mandatory before your case can proceed to court.
Your attorney can identify and retain an appropriate medical professional to review your records and provide this necessary certification.
Gathering Compelling Evidence
A successful claim relies on strong evidence. Your attorney will gather all documentation related to your medical treatment.
This includes:
- Your Medical Records: We collect your complete medical history, including doctor's notes, hospital charts, lab results, and imaging scans.
- Billing Statements: Medical bills and records of payment help document the financial costs associated with the injury and subsequent treatment.
- Personal Documentation: A journal chronicling your recovery, pain levels, and how the injury has affected your daily life can be a powerful tool in the fight for compensation.
Identifying All Liable Parties
In some medical malpractice cases, more than one party may be responsible for your harm. A doctor, a nurse, and the hospital where the treatment occurred could all share some level of liability.
For instance, a hospital can be held responsible for the negligence of its employees or for its own failures, such as inadequate staffing or faulty equipment. An experienced lawyer will work to identify every potentially liable party.
This action ensures you can pursue compensation from all responsible sources. Identifying every party from the outset helps reconstruct the full scope of events and responsibilities.
Seeking Compensation With an Owings Mills Medical Malpractice Lawyer
If you were harmed by medical negligence, you can pursue financial recovery for the losses you have sustained. This compensation is intended to help you manage the burdens of your injury. A successful claim can provide resources to help rebuild your life and move forward.
Common damages include:
- Medical Bills: This covers all costs for past and future medical care, including hospital stays, surgeries, follow-up appointments, and prescription medications.
- Lost Wages: You may recover the income you lost while unable to work during your recovery.
- Diminished Earning Capacity: If the injury prevents you from returning to your previous job or limits your ability to earn in the future, you may recover payment for this financial loss.
- Rehabilitation Costs: This includes the expenses for physical, occupational, and vocational therapy necessary for your recovery.
- Pain and Suffering: You may pursue compensation for the significant physical pain and general discomfort caused by the injury and resulting medical treatments.
- Emotional Distress: This payment accounts for the serious mental anguish, anxiety, depression, and other psychological impacts stemming from the medical malpractice.
- Loss of Enjoyment of Life: You may receive compensation if the injury prevents you from participating in hobbies, family activities, and daily routines that you previously enjoyed.
Maryland’s Statute of Limitations
Maryland law sets a strict deadline for filing a medical malpractice claim, known as the statute of limitations. In most cases, you must file a claim within five years from the date the injury occurred or within three years from the date the injury was discovered, whichever is earlier.
Failing to file your claim within this time frame will likely result in the court dismissing your case permanently. There are limited exceptions to this rule. For example, if the victim is a minor, the deadline may be extended.
Due to the complexities of these deadlines, speak with a Maryland medical malpractice attorney as soon as you suspect an injury from a medical error. Your lawyer can clarify the specific deadline that applies to your case and take prompt action.
FAQ for Owings Mills Medical Malpractice Lawyer
What Constitutes Medical Malpractice in Maryland?
Maryland defines medical malpractice as a healthcare provider breaching the professional standard of care, which directly causes injury or death to a patient. This standard is what a reasonably prudent medical provider in the same specialty would do under similar circumstances.
Your claim requires proof of both the provider’s negligence and the direct harm that resulted from it.
How Do I Know if I Have a Valid Medical Malpractice Claim?
A valid medical malpractice claim generally requires four specific elements to be present. While only an attorney can give you a definitive answer after reviewing your case, you can start by considering if your situation involves these components.
A legal team will look for evidence of the following:
- A Doctor-Patient Relationship: You must show that an established professional relationship existed, which means the healthcare provider had a duty to provide you with a competent standard of care.
- A Breach of That Duty: The provider's care fell below the accepted medical standard. This means they made an error that a similarly trained and reasonable professional would not have made in the same situation.
- Causation: You must directly connect the provider’s specific error to the injury you sustained. The harm you experienced must result from their negligent action or inaction.
- Actual Damages: Their negligence directly led to specific damages, including increased medical expenses, lost income, considerable pain and suffering, or permanent disability.
What Is My Role in My Own Malpractice Case?
Your primary role is to focus on your health and recovery, but you can assist your legal team by providing them with all your information about your medical treatment and providers. Journaling your symptoms and recovery and attending all your medical appointments also helps.
Your Owings Mills medical malpractice lawyer handles the legal work, including investigations, paperwork, and communications.
What Is the Standard of Care?
The standard of care is determined by what a reasonably competent medical professional in the same specialty would have done in a similar situation. It’s not based on the best possible outcome but on what is considered acceptable and appropriate medical practice.
Medical professionals, acting as expert witnesses, are often called upon to help define this standard for judges and juries.
What Happens if a Loved One Dies Due to Medical Malpractice?
If a family member dies as a result of a medical provider's negligence, surviving family members may be able to file a wrongful death claim or a survival action. A wrongful death claim seeks compensation for the family's losses, such as lost financial support and emotional suffering.
A survival action seeks to recover damages the deceased would have been able to claim had they lived, such as medical expenses and pain experienced before death. Furman Honick Law can assist your family if your loved one died due to medical negligence.
Are there caps on medical malpractice damages in Maryland?
Yes, Maryland law places a cap on non-economic damages, which includes compensation for pain, suffering, emotional distress, and loss of enjoyment of life. The specific amount of the cap changes each year and depends on when the malpractice occurred. This limit does not apply to economic damages, such as medical bills and lost wages.
An attorney can explain how the current cap, established under Maryland Courts and Judicial Proceedings Code § 3-2A-09, might apply to your case.
How much does it cost to hire a medical malpractice lawyer?
Most medical malpractice attorneys handle cases on a contingency fee basis. This means you do not pay any attorney's fees upfront. Instead, the law firm receives a percentage of the settlement or court award if they successfully recover compensation for you. If there is no recovery, you owe no attorney's fees. The firm typically advances the costs of litigation, such as expert witness fees and court filing fees.
What is the purpose of the Health Care Alternative Dispute Resolution Office (HCADRO)?
The HCADRO is a mandatory first step in the Maryland medical malpractice claims process. It is designed to encourage early resolution of claims without a full court trial.
After you file your claim and your attorney submits the Certificate of a Qualified Expert, the parties may engage in a process like mediation or an arbitration hearing to try and settle the case. If the case does not resolve at the HCADRO, you can then file your lawsuit in circuit court.
What should I do if the hospital or its insurance company contacts me with a settlement offer?
You should not accept a settlement offer or sign any documents from a hospital or insurance company without first consulting with a medical malpractice attorney. Initial offers are often far less than what your case is worth and may not account for future medical needs, lost earning capacity, or your full measure of pain and suffering.
An attorney can evaluate the true value of your claim and handle all communications with the other side to protect your rights.
What should I do immediately if I suspect medical malpractice?
First, seek medical attention from a different, trusted healthcare provider to address your immediate health needs. Avoid discussing your suspicions with the provider you believe acted negligently. Next, gather any medical records, bills, and communications you have related to the treatment.
Finally, contact a medical malpractice lawyer to discuss your situation before any legal deadlines pass.
What kind of information should I bring to my first meeting with a lawyer?
For your initial consultation, it helps to bring a timeline of your medical treatment, including dates of appointments, procedures, and when you first noticed an issue. Also, bring a list of all healthcare providers involved, any medical records or bills in your possession, and your health insurance information.
This documentation helps the attorney conduct a thorough evaluation of your case.
Will my medical malpractice case go to court?
Many medical malpractice cases resolve through a negotiated settlement before reaching a trial. Your attorney will handle negotiations to secure a fair offer on your behalf. However, if the healthcare provider or their insurance company refuses to offer a reasonable settlement, it may be necessary to proceed to trial.
While testifying is a possibility in that scenario, your lawyer will prepare you for every step of the legal process.
Your Path Forward With Furman Honick Law
When a medical professional's error leaves you injured, the story of your life is unexpectedly altered. The chapter you find yourself in may be confusing and difficult, but it doesn't have to be the final word.
A dedicated legal advocate can help you challenge the narrative and seek the justice you need to begin writing a new, better future for yourself and your family.
If you believe you have been harmed by a medical mistake, contact a trusted Owings Mills medical malpractice lawyer today. Reach out to the team at Furman Honick Law at (410) 844-6000.