Medical Malpractice

Maryland Medical Malpractice Attorney

Compassionate & Aggressive Legal Representation in Prince George's, Charles, Calvert, & Anne Arundel

When a healthcare professional fails to deliver the utmost standard of care, it is the patient who ultimately suffers the consequences. People put their trust in healthcare professionals to deliver desired results while providing a general standard of care for patients. Unfortunately, that is not always the case, as many patients endure painful experiences that result in more harm than good.

Our Maryland Medical Malpractice Lawyer Is Ready to Help

If you or a loved one has suffered a serious injury or death as a result of medical negligence, it is crucial that you have an experienced medical malpractice lawyer in Maryland standing by your side. The dedicated lawyer at Potter Law, LLC is dedicated to protecting the rights of patients who have fallen victim to medical negligence.

Medical malpractice claims can be complex, requiring a deep understanding of both medical and legal issues. At Potter Law, LLC, we approach each claim with thorough investigation and access to medical professionals who can provide essential insights into your situation. We believe in empowering our clients with knowledge, guiding them through every step of the legal process, from initial consultations to final verdicts or settlements, ensuring transparency and understanding throughout.

Call (301) 820-7820 or contact us online today to speak with our trusted medical malpractice lawyer in Maryland for a free consultation!

What Is Medical Malpractice?

Medical malpractice is defined as any act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.

All healthcare providers must comply with the “standard of care.” The standard of care for a healthcare provider in Maryland is what a reasonably prudent healthcare provider would do under the same or similar circumstances.

If a healthcare provider fails to act reasonably under the circumstances, then he or she has “breached” the standard of care. But a breach alone is not malpractice — the breach by the healthcare provider must cause damage. The damage caused by a medical mistake varies but usually involves a serious injury or death.

Types of Medical Malpractice Cases Handled by Our Maryland Lawyers

Our Maryland medical malpractice law firm has handled various medical malpractice cases for our valued clients over the years, including:

How Common Are Medical Malpractice Errors in Maryland?

Medical errors are the third leading cause of death in the U.S., according to Johns Hopkins. This accounts for nearly 250,000 deaths a year.

Beyond the stark statistics, medical errors include a wide range of issues from incorrect diagnoses to mishandled medical procedures. The consequences for patients are often severe, resulting in prolonged discomfort, life-altering conditions, or even fatal outcomes. These errors undermine public trust in the healthcare system and highlight the necessity for meticulous legal representation to seek justice and accountability for the victims.

Compensation for Medical Malpractice in Maryland

In medical malpractice cases, it is important to know exactly who is eligible to be held liable. Doctors, nurses, anesthesiologists, pharmaceutical companies, hospitals, and healthcare facilities are all potential parties to be found negligent in these cases.

Identifying the correct liable party is crucial for a successful claim. It often involves a detailed investigation into the medical records, consultations with medical experts, and a legal evaluation of the standards of care that were breached. At Potter Law, LLC, we aid in clarifying these complex elements, offering clear guidance on who can be pursued for damages.

Medical Malpractice Damages

There are two forms of damages that can be awarded:

Economic damages are meant to cover medical bills and lost wages.
Non-economic damages are designed to compensate victims and their families for physical pain and suffering, emotional damages, loss of quality of life, and loss of life.

Potter Law, LLC is committed to righting the wrongs caused by medical negligence while helping clients to receive the justice and compensation they deserve in a medical malpractice lawsuit.

Local Laws & Regulations in Maryland Medical Malpractice

Maryland's medical malpractice laws are designed to protect both healthcare providers and patients. One pivotal regulation is the requirement for a certificate of a qualified expert to accompany any malpractice claim. This certificate, which must be filed within 90 days of the claim, verifies that the defendant's conduct fell below the standard of care. Understanding these procedural intricacies is vital for ensuring the claim is valid and effective.

Additionally, Maryland has a cap on non-economic damages in medical malpractice suits, which limits the compensation for pain and suffering, emotional distress, and loss of companionship. As of 2023, this cap is adjusted annually for inflation and stands at approximately $860,000. Navigating these caps and leveraging the legal framework effectively can make a significant difference in the outcome of a claim.

Hospitals & Healthcare Facilities in Maryland Where Malpractice May Occur

In the Maryland area, there are several notable hospitals and healthcare facilities where patients might encounter medical negligence. Institutions like Johns Hopkins Hospital, MedStar Union Memorial Hospital, and University of Maryland Medical Center are among the most frequented. While these facilities offer high-quality care, they are not immune to errors that may occur due to various systemic issues or human oversight.

Understanding the operations of such local hospitals and keeping abreast of any emerging concerns or reports can be beneficial for those considering legal action. Being equipped with this information allows clients to approach their concerns with well-rounded knowledge, aiding in the decision-making process regarding legal recourse.

How Can a Maryland Medical Injury Attorney Help?

Engaging a medical injury attorney, like those at Potter Law, LLC, offers substantial benefits for individuals navigating the complex legal landscape. Attorneys provide essential services, including conducting comprehensive investigations, gathering necessary evidence, and liaising with medical experts to substantiate claims. These efforts are crucial for building a strong legal argument.

Furthermore, attorneys negotiate with insurance companies to ensure fair compensation is pursued, alleviating the burden on clients who may already be facing stressful situations. They also offer guidance through court proceedings if settlements are not achieved, ensuring that clients are prepared and confident every step of the way.

Medical Malpractice FAQs

How Do I Know if My Injury Was Malpractice or a Complication of the Procedure?

In general, it is malpractice if the injury or “bad outcome” could have been prevented or should have been avoided. On the other hand, if the healthcare provider acted reasonably and took reasonable precautions and an injury resulted anyway, the injury might be a known complication.

Determining whether an injury was malpractice or a known complication often involves an expert opinion by another healthcare provider in the same or similar area of medicine, and your attorney will investigate the care and treatment to determine this answer.

Understanding this distinction is vital as it impacts the type of action that can be pursued legally. An attorney can provide guidance on gathering relevant medical documentation and coordinating with medical professionals who can act as witnesses. These steps are essential in determining the responsibility of the healthcare provider and forming the basis of a viable claim.

Who Will Pay Me if There’s a Settlement or Verdict Against a Healthcare Provider?

Just like you have car insurance, most healthcare providers have medical malpractice insurance that will pay the settlement or judgment. If a claim is against a hospital, most hospitals are self-insured for the actions of their healthcare providers.

It's important to understand how malpractice insurance works. Policies typically cover specific limits, which can affect the compensation one could receive. An experienced attorney can help navigate these complexities, working to maximize the benefits from the insurance coverage available. Moreover, understanding the financial background of self-insured institutions like hospitals can provide leverage in negotiations.

What Happens After My Free Consultation with a Maryland Malpractice Lawyer?

If an attorney determines the injury or death may be the result of a medical error, the next step would be to obtain all of the relevant medical records and have them reviewed by a medical expert. Again, the investigation is at NO COST to you. If the experts believe there was a breach of the standard of care that caused you or your loved one harm, the next step would be filing a lawsuit and pursuing your claim.

The consultation aims to provide clarity on the potential paths forward, outlining both the strengths and challenges of pursuing a claim. This includes assessing any statutory limitations, identifying the key parties to involve in the claim, and setting realistic expectations for timelines and outcomes. Throughout this process, the focus remains on offering guidance that is both strategic and empathetic, ensuring you feel supported every step of the way.

How Long After an Injury Do I Have to File a Medical Malpractice Claim in Maryland?

In Maryland, the time to file a medical malpractice claim, also known as the Statute of Limitations, is generally 3 years from the time of the injury.

If the injury is not immediately known, victims have three years from when the injury is or should have been discovered. But, absent special circumstances, a lawsuit must be filed within five years from the date of the malpractice. Common cases where there is a delay in discovering an injury often involve cancer that should have been found earlier.

To make things even more confusing, in cases involving children, the time to bring a lawsuit starts running when the child turns 18 years old, regardless of when the injury occurred. If you think you or a loved one is a victim of medical malpractice, you should take action immediately.

Recognizing and understanding these time constraints is vital for those affected by medical negligence. Missing a deadline could result in losing the right to legal action. Early consultations are encouraged to help identify if exceptions or extensions are applicable, especially in unique scenarios like minor involvement or latent injuries.

How Much Does a Medical Malpractice Lawyer in Maryland Cost?

At Potter Law, LLC, we handle our personal injury cases on a contingency fee basis. That means the consultation is free, and we work on your case without getting paid until you receive a recovery. You do not pay anything unless, and until, we secure a settlement or verdict for you. No money is required upfront.

This fee structure ensures that legal representation is accessible to everyone, regardless of financial standing. It reflects our commitment to prioritizing clients' needs by sharing in the risks associated with the claims process. Additionally, during initial consultations, we provide transparent information about potential costs that could arise, such as expert witness fees, so clients are fully informed from start to finish.

Can I Still Pursue a Claim if I Signed a Consent Form?

Yes, you may still pursue a medical malpractice claim even if you signed a consent form before treatment. Consent forms do not provide blanket protection for healthcare providers against negligence. They primarily inform patients about potential risks and outcomes but do not absolve providers from the duty to perform with appropriate care. If your care was substandard or deviated from what was promised, a valid claim can still be pursued.

An attorney can help analyze the specifics of the consent form alongside your medical records to determine if your rights were violated. The existence of a consent form does not preclude you from seeking justice if malpractice occurred, underscoring the importance of legal advice in such scenarios.

What Are Common Myths About Medical Malpractice?

There are several myths about medical malpractice that can deter victims from seeking justice. One common misconception is that malpractice claims are always about money and not about accountability. However, many victims pursue claims to prevent future negligence and to hold providers accountable. Another myth is that only major errors qualify, whereas even medication misdosages can be grounds for a claim.

Understanding these myths and their realities helps demystify the process and encourages those wronged by medical negligence to take action. Legal consultations can dispel such myths, providing accurate information and tailored guidance.

Call (301) 820-7820 or contact us online today to speak with our trusted medical malpractice lawyer in Maryland for a free consultation!

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