NOTE: Our law firm does not handle medical malpractice cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.
Doctors, nurses, and other medical professionals have an ethical and legal responsibility to treat all of their patients with a high standard of care. When they fail to live up to their obligations, people frequently die and sustain severe, life-altering injuries.
Compile Evidence to Help Your Case
The civil justice system in the state of Baltimore is driven by evidence. If you want to get the compensation you deserve, you will need to prove that:
- The other party owed you a duty of care
- The other party’s mistake or negligent actions breached that duty of care
- That breach of duty caused you to sustain an injury
- Your injury is as severe and life-altering as you claim
Negotiate with the Other Party’s Insurance Company
Depending on the circumstances surrounding your medical malpractice case, the other party’s insurance company may attempt to resolve the matter by offering you a settlement deal.
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What Are the Most Common Types of Medical Malpractice in Baltimore?
The term “medical malpractice” can be used to describe a wide variety of mistakes made by medical professionals and negligent actions taken by healthcare facilities. Some of the most common types of medical malpractice found in the City of Baltimore include:
Birth Injuries
Birthing a child is one of the most common medical procedures performed at hospitals and clinics in Baltimore. However, if a doctor or nurse makes a mistake, this routine operation can quickly spiral out of control, leaving babies with injuries such as:
- Facial paralysis
- Cerebral palsy
- Brachial plexus injuries
- Perinatal asphyxia
Many of these injuries have the potential to cause long-term damage to the child.
Medication Mistakes
When a patient receives a prescription from their physician, they expect to begin noticing positive effects within a few days or weeks. However, when doctors or pharmacists make mistakes and give patients the wrong type of medication, they are unlikely to heal. Instead, their condition could worsen or they may pass away.
Delayed Diagnoses
In the world of medicine, a patient’s odds of surviving an illness or disease are often determined by how quickly they receive treatment. Before they can begin treatment, however, they must be diagnosed by their physician. When doctors make mistakes that delay these diagnoses, they may become the defendant in a medical malpractice suit.
Wrong-Site Surgeries
Surgeons at the major hospitals and clinics in Baltimore can perform hundreds of procedures every year. Unfortunately, administrative errors or inattention sometimes cause them to operate on the wrong organ or limb – otherwise known as a wrong-site surgery.
Who Can Be Held Liable for Medical Mistakes in Maryland?
When a medical error happens at a hospital, clinic, or dental office in Maryland, many people and entities can be held liable.
Most medical malpractice claims in the Old Line State name one or more of the following parties as the defendant:
- A doctor
- A nurse
- A dentist
- A pharmacist
- A surgeon
- An anesthesiologist
- A hospital
- A pharmaceutical company
How Much Compensation Do the Victims of Medical Negligence in Baltimore Typically Receive?
The amount of compensation doled out to the victims of medical malpractice in Maryland is largely determined by the impact their birth injury or delayed diagnosis is likely to have on their life. Those who are left with permanent disabilities or long-term health issues typically receive the largest payouts.
- Medical expenses
- Ongoing healthcare costs
- Lost wages
- Loss of future earning capacity
- Mental anguish
- Pain and suffering
There is no limit on the amount of compensation an injured party can recover for economic damages, like medical bills and lost wages, in Maryland. However, the state does place a strict cap on non-economic damages, like mental anguish.
Per section 3-2A-09 of the Maryland Courts & Judicial Proceedings Code, the cap on non-economic damages for medical malpractice lawsuits filed in 2024 is $890,000. This limit automatically increases by $15,000 each year.
What is the Statute of Limitations for Medical Malpractice Cases in Maryland?
The statute of limitations for medical malpractice lawsuits in Maryland is outlined in section 5-109 of the Maryland Courts & Judicial Proceedings Code. This statute explains that most victims of medical mistakes must file suit against the at-fault party within five years of the date they sustained their injury. Those who fail to do so may lose their right to pursue compensation.
The state of Maryland makes a notable exception to this general rule for victims who do not discover their medical malpractice injury until many years after it was incurred, however. Such parties retain the right to file suit until three years after the date their injury was diagnosed – even if the five-year window has already closed.
If you believe you have a medical malpractice claim, call us. We can refer you to a lawyer who handles these cases.