If a doctor, nurse, or other healthcare provider harms you due to their negligence or wrongdoing, you may be entitled to file a medical malpractice claim against them. These claims can be worth a significant amount of money, but they are also notoriously complex.
Getting to know the process is crucial to ensuring you receive the compensation you need and deserve after being harmed by a medical error.
Table of Contents
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the standard of care that a reasonably competent provider would offer under similar circumstances. This negligence can result in injury or harm to the patient. Examples include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to obtain informed consent.
Steps Involved in a Maryland Medical Malpractice Lawsuit
Filing a medical malpractice lawsuit in Maryland involves several key steps:
- Consultation with an Attorney: The first step is to meet with an experienced medical malpractice attorney to review your case and determine if it meets the legal standard for malpractice.
- Filing a Certificate of a Qualified Expert: Maryland law requires that you submit a certificate of merit from a qualified medical expert, stating that your case has a valid basis.
- Filing the Lawsuit: After gathering the necessary evidence, your attorney will file a lawsuit in court, initiating the legal process.
- Discovery: Both sides exchange evidence and information, including medical records, expert reports, and depositions.
- Settlement Negotiations: Many cases are settled before trial through negotiations between the parties.
- Trial: If a settlement isn’t reached, the case proceeds to trial, where a judge or jury will decide the outcome.
Each step is essential in securing fair compensation for your injuries. However, note that these are just general steps – not every case will involve all of them. A lawyer can help you understand what to expect for your case during a free consultation.
The Importance of the Certificate of a Qualified Expert
In Maryland, before you can proceed with a medical malpractice lawsuit, you are required by law to present a Certificate of a Qualified Expert. This certificate must attest that a qualified medical professional has reviewed your case and believes that the healthcare provider breached the standard of care, leading to your injury.
Maryland’s Statute of Limitations for Medical Malpractice
In Maryland, the statute of limitations for medical malpractice cases is generally five years from the date the malpractice occurred. This means you must file your lawsuit within five years of the incident that caused your injury.
However, an important exception is the “discovery rule.” If you did not discover your injury right away, you have three years from the date you discovered it to file your lawsuit but no more than five years from the date the malpractice happened.
It’s crucial not to assume you have the full five years to file your lawsuit. Medical malpractice cases are complex and require extensive preparation. Contact a lawyer as soon as possible for help.
Damages You Can Recover in a Medical Malpractice Lawsuit
Victims of medical malpractice in Maryland can seek compensation for both economic and non-economic damages. Economic damages cover tangible financial losses, while non-economic damages compensate for more subjective experiences.
Economic damages include:
- Medical expenses, both current and future
- Rehabilitation and therapy costs
- Lost wages due to inability to work
- Loss of earning capacity if you cannot return to your previous employment
- Out-of-pocket expenses related to your injury
Non-economic damages encompass:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Physical impairment or disfigurement
- Loss of companionship or consortium
It’s important to note that Maryland has a cap on non-economic damages in medical malpractice cases. This means there is a limit to the amount you can receive for non-economic losses. However, there is no cap on economic damages, so you can recover the full amount of your financial losses.
Punitive damages are also technically available in Maryland but are rare in medical malpractice cases. To be awarded punitive damages, you must prove that the healthcare provider acted with “actual malice,” which is a high legal standard. These damages also usually require “clear and convincing evidence” which is a higher burden of proof than for economic and non-economic damages.
The Cost of Hiring a Medical Malpractice Attorney
Many people worry about the cost of hiring a medical malpractice attorney. In Maryland, most medical malpractice lawyers work on a contingency fee basis. This means you do not pay any upfront fees or hourly rates. Instead, your attorney only gets paid if they win your case through a settlement or court judgment.
Typically, your attorney’s fees will be a percentage of the compensation your lawyer recovers for you, usually ranging from 25% to 40%. If your lawyer fails to secure monetary damages for you, you pay them nothing.
This arrangement allows you to access legal representation without worrying about the cost and incentivizes your attorney to work diligently to maximize your compensation.
Schedule a Free Consultation with Our Experienced Baltimore Medical Malpractice Lawyers
If a medical professional’s error has caused you injuries, you may be entitled to significant compensation. However, medical malpractice cases are complex and require knowledgeable legal assistance. Our experienced Baltimore medical malpractice attorneys have been helping victims for over four decades.
At WGK Personal Injury Lawyers, we understand the challenges you face and are committed to fighting for your rights. We offer a free initial consultation to discuss your case, answer your questions, and explain your legal options. Contact us at (410) 837-2144 today.
