If a doctor, nurse, or other healthcare provider harms you due to their negligence (carelessness) or wrongdoing, you may be entitled to file a medical malpractice claim against them. These claims can be worth millions of dollars but are notoriously complex.
In Maryland, understanding the common types of medical errors helps you recognize when you have a valid claim. Here are five medical mistakes that often lead to malpractice lawsuits in Baltimore and throughout the state.
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1. Birth Injuries
Birth injuries can have lifelong consequences for both the child and the parents. Medical professionals are expected to monitor the mother and baby carefully during pregnancy and delivery. Negligence during this critical time can result in severe injuries such as:
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Fractures
These injuries may occur due to improper use of delivery tools, failure to perform a timely C-section, or not addressing complications promptly. If a healthcare provider’s negligence causes a birth injury, you may have grounds for a medical malpractice lawsuit.
2. Medication Errors
Medication errors are among the most common medical mistakes. They can happen at any stage, from prescribing to administering the drug. Examples include:
- Prescribing the wrong medication
- Incorrect dosage instructions
- Administering medication to the wrong patient
- Failing to recognize harmful drug interactions
These errors can lead to severe reactions, worsening of the condition, or even death. Healthcare providers must exercise caution when prescribing and dispensing medications to prevent such mistakes.
3. Delayed Diagnosis
A delayed diagnosis can significantly impact a patient’s chances of recovery, especially in cases of serious illnesses like cancer. Medical professionals are expected to recognize symptoms and order appropriate tests promptly. Delays may occur due to:
- Misreading test results
- Ignoring patient complaints
- Failing to order necessary diagnostic tests
If a reasonable doctor would have diagnosed the condition sooner, and the delay caused harm, it might constitute medical malpractice.
4. Surgical Errors
Surgical procedures carry inherent risks, but preventable errors can lead to additional complications. Common surgical mistakes include:
- Operating on the wrong body part
- Leaving surgical instruments inside the patient
- Performing the wrong procedure
- Anesthesia errors during surgery
These errors can result in infections, organ damage, and the need for additional surgeries. Surgeons and surgical staff are responsible for following proper protocols to ensure patient safety.
5. Anesthesia Errors
Anesthesia is critical for many medical procedures, but mistakes can be dangerous or fatal. Anesthesiologists must carefully evaluate patients and administer the correct dosage. Errors may involve:
- Administering too much or too little anesthesia
- Failing to monitor vital signs
- Not recognizing adverse reactions
- Using defective equipment
Anesthesia errors can lead to brain damage, heart complications, or death. Proper vigilance is essential to prevent these serious outcomes.
Understanding Medical Malpractice in Maryland
Medical malpractice occurs when a healthcare provider deviates from the standard of care, causing harm to a patient. In Maryland, to prove medical negligence, you must establish:
- Duty of Care: The provider owed you a professional duty.
- Breach of Duty: They failed to meet the standard of care.
- Causation: Their breach caused your injury.
- Damages: You suffered harm as a result.
Medical malpractice cases are complex and require expert testimony to support your claim. It’s crucial to consult with an experienced attorney who understands Maryland law.
The Maryland Statute of Limitations for Medical Malpractice
Maryland’s statute of limitations sets strict deadlines for filing a medical malpractice lawsuit. Generally, you have:
- Three years from the date the injury was discovered OR
- Five years from the date of the injury (a strict cap)
There are exceptions, especially for cases involving minors or undiscovered injuries. Missing the deadline can result in losing your right to pursue compensation. It’s important to act promptly to protect your legal rights.
Damages Available in a Medical Malpractice Lawsuit
Victims of medical negligence in Maryland may recover both economic and non-economic damages.
- Medical expenses (past and future)
- Rehabilitation costs
- Lost wages
- Loss of earning capacity
- Out-of-pocket expenses
Non-economic damages cover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability
- Loss of companionship
Maryland law places a cap on non-economic damages, which adjusts annually for inflation. Punitive damages are rare and require proof of actual malice.
How a Medical Malpractice Attorney Can Help
Medical malpractice cases are challenging to navigate on your own. An experienced attorney can:
- Evaluate your case and determine its merits
- Gather medical records and expert testimony
- Handle legal filings within the deadlines
- Negotiate with insurance companies
- Advocate for you in court if necessary
They can guide you through the complex legal process, allowing you to focus on your health and recovery.
How Much Does It Cost To Hire a Medical Malpractice Attorney?
Most medical malpractice attorneys work on a contingency fee basis. This means:
- No Upfront Costs: You won’t have to pay any money when you hire an attorney.
- Payment Only Upon Recovery: The lawyer only gets paid if they win your case through a settlement or court verdict.
- Percentage-Based Fee: The attorney’s fee is a percentage of the compensation they recover for you, usually agreed upon before representation begins.
This arrangement allows you to access quality legal representation without the stress of hourly fees or large retainer payments. It also motivates your attorney to work diligently on your behalf, as their payment depends on the success of your case.
Schedule a Free Consultation With Our Experienced Baltimore Medical Malpractice Lawyers
You may be entitled to substantial compensation if you or a loved one has suffered due to a medical error in Baltimore or elsewhere in Maryland. Our skilled Baltimore medical malpractice attorneys are here to help you understand your rights and pursue justice.
Contact WGK Personal Injury Lawyers today at (410) 837-2144 for a free initial consultation. We’ll assess your case, answer your questions, and explain your legal options. Don’t delay — time limits apply, and prompt action is crucial.
