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How to Sue a Doctor for Malpractice in Maryland?

How to Sue a Doctor for Malpractice in Maryland?

How to Sue A Doctor After an Incident of Medical Malpractice in Maryland 

Medical malpractice cases happen every single day across America. According to the CDC, approximately 250,000 people die from medical mistakes each year. In fact, medical malpractice lawsuits are one of the most common types of personal injury claims filed in the United States.

However, if you’re considering filing a lawsuit against a doctor after suffering injuries due to medical negligence, you may be wondering whether you have any legal recourse. The experienced medical malpractice lawyers at Maryland Injury Guys can answer all your questions.

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This article will discuss the basics of medical malpractice law in Maryland and provide tips for handling such a case.

Examples of Medical Malpractice

Medical malpractice happens when doctors fail to provide adequate medical care to patients. This may happen due to negligence or incompetence. In most cases, medical malpractice lawsuits involve an injury caused by a doctor’s failure to diagnose or treat a patient properly. However, sometimes doctors cause harm without intending to do so. For example, a doctor may prescribe medication that causes severe side effects. Sometimes, a doctor fails to follow proper procedures in treating a patient. Other times, a doctor makes mistakes in diagnosis or treatment.

Regardless of whether a doctor intended to hurt his or her patient, medical malpractice lawsuits often result in compensation for victims.

Here are some examples of medical malpractice:

• Failure to Diagnose

Doctors are required to perform certain tests to determine if a patient has a specific condition. If a doctor does not order these tests, he or she may miss signs of a serious illness.

For instance, a doctor may fail to test for HIV infection in a patient who presents symptoms consistent with AIDS. As a result, the patient dies from complications related to untreated HIV infection.

• Prescribing Medication That Causes Harm

Some medications cause harmful side effects. Doctors are responsible for prescribing appropriate medications for their patients. They should weigh the benefits against the risks associated with each drug.

A doctor may prescribe a medication that causes severe side effects such as liver damage or bleeding.

• Improper Treatment

When a doctor performs surgery incorrectly, the procedure may go awry. Sometimes, a doctor uses the wrong surgical tools or implements improper techniques.

As a result, the operation goes poorly and the patient suffers permanent injuries.

• Mistakes in Diagnosis

Doctors are expected to correctly identify illnesses based on physical examination and lab results. However, sometimes a doctor misdiagnoses a patient.

For example, a doctor may mistakenly conclude that a patient has a broken leg instead of appendicitis.

• Negligence

Negligence occurs when a doctor acts unreasonably and fails to exercise reasonable care. This may occur when a doctor prescribes a dangerous medication or fails to inform a patient of potential dangers. In addition, a doctor may fail adequately to supervise staff members.

Is There a Difference Between Negligence and Medical Malpractice in Maryland?

Negligence is an unintentional act that causes harm to another person.

There are two types of negligence:

• Direct negligence - occurs when a doctor fails to perform his or her duty properly.

• Indirect negligence - occurs when a patient suffers harm due to the actions of others.

Direct negligence usually involves failure to diagnose or treat a condition correctly. For example, a doctor may fail to diagnose a broken leg or back injury.

Indirect negligence often happens when a doctor prescribes medication without knowing whether the patient has allergies. If the patient takes the drug anyway, the doctor may be held liable for any resulting side effects.

Medical malpractice is intentional wrongdoing committed by a doctor or healthcare provider.

In order to prove medical negligence, you must first prove that the physician was negligent. This means that he or she failed to exercise reasonable care under the circumstances.

Medical malpractice cases are often difficult to prove due to the complex nature of medical science. However, if you believe you were harmed by another person’s negligence, contact our office immediately. We offer free consultations and will fight to protect your rights.

What Are The Statute of Limitations to File a Medical Malpractice Claim in Maryland?

Medical malpractice claims are filed against doctors, hospitals, nursing homes, and other health care providers after an injury occurs. If you believe that you were harmed due to medical negligence, you may file a claim within three years of the incident. However, there are certain exceptions to this rule.

In order to file a medical malpractice lawsuit, you must first determine whether you have met the statute of limitations. This means that you must file your case within three years of the alleged negligent act. There are several exceptions to this rule, however.

Are There Special Requirements for Some Medical Malpractice Claims?

Medical malpractice claims are often complex. They involve medical professionals, hospitals, insurance companies, lawyers, and patients.

In addition, they may involve multiple parties and jurisdictions. This makes them difficult to understand and manage.

However, there are certain requirements that apply to most medical malpractice cases in Maryland. If you have been injured due to negligence, you may be entitled to compensation.

Here are ten special requirements to know about medical malpractice claims in Maryland.

  1. Expert Witnesses Must Be Qualified
  2. Experts Cannot Testify About Their Own Experiences
  3. Experts Cannot Give Opinions Based On Unreliable Information
  4. Experts Can Only Offer Opinions That Are Reasonable
  5. An Expert Witness Cannot Base His or Her Opinion on Other People’s Experience
  6. Experts Cannot Discuss Causation Without Supporting Evidence
  7. Experts Cannot Assume Facts That Do Not Exist
  8. Experts Cannot Say What Should Happen
  9. Experts Cannot Predict Future Outcomes
  10. Experts Cannot Propose Solutions to Problems

Is There a Limit on How Much One Can Get in Maryland Malpractice Claim?

There are no caps on damages in Maryland. If you suffered serious injuries due to medical negligence and the doctor caused those injuries, you can seek compensation for your pain and suffering, lost wages, medical bills, and other expenses related to your condition.

In order to determine the maximum amount of compensation that one can receive, one has to calculate the total value of the damage caused by the injury. For example, if an individual was injured due to medical negligence, he/she would have to prove the cost of treatment, lost wages, pain and suffering, and any other expenses incurred.

It is also worth noting that the law allows for punitive damages. Punitive damages are meant to punish the wrongdoer and deter others from committing similar acts. They are usually awarded when the defendant acted maliciously or intentionally harmed the victim.

Contact An Experienced Maryland Medical Malpractice Law Firm

It’s recommended that you contact a lawyer immediately after experiencing medical malpractice. Waiting too long can lead to additional problems and delays in receiving compensation. Therefore, it is important to hire a qualified medical malpractice attorney to handle your case. This ensures that you get the highest payout possible. Call the experienced medical malpractice law firm of Maryland Injury Guys for a free consultation.

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Aaron Blank Esq
Date Published: July 19, 2022
Aaron Blank is a patient safety advocate who holds the healthcare system responsible when it fails. He keeps businesses accountable if they choose profits over the safety of the community, and he ensures car insurance companies pay their fair share for the harm that reckless drivers cause. Aaron and his proficient legal team bring an approach based on dedication, guidance, and compassion through the difficult process of pursuing serious injury claims. He has dedicated his career to fighting for injury victims to recover losses from medical expenses, lost income, loss of enjoyment of life, or the loss of a loved one.
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This website is by Blank Kim P.C. d/b/a Maryland Injury Guys. We have offices throughout Maryland with attorneys licensed to practice law in the state of  Maryland. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel to prosecute cases. This website has not been approved by the Court of Appeals of Maryland or the Maryland State Bar. Cases may be co-counselled or referred to other firms for litigation.
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