If you were hurt in Maryland because of someone else’s carelessness, you might have a legal right to file a personal injury claim. However, when the harm is caused by a doctor or healthcare provider, your case may fall under a specialized area of law known as medical malpractice.
While medical malpractice is a type of personal injury case, it’s critical to understand the different legal standards and procedures in each. Knowing these differences is important if you want to take legal action and recover the compensation you’re entitled to under Maryland law.
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What Is a Personal Injury Case?
A personal injury case involves harm caused by another person’s negligence or wrongdoing. These claims can arise from many situations, such as car accidents, slips and falls, or defective products.
To succeed in a Maryland personal injury claim, you generally need to prove four elements:
- Duty of care: The defendant had a legal duty to act with reasonable care.
- Breach of duty: They failed to meet that duty through careless or reckless behavior.
- Causation: Their actions directly and proximately caused your injuries.
- Damages: You suffered actual losses, like medical expenses, missed work, or pain and suffering.
These cases are typically resolved in civil court and often involve negotiations with insurance companies before trial.
What Is a Medical Malpractice Case?
Medical malpractice involves a healthcare provider who fails to meet the standard of care expected in their field, and that failure causes injury or death.
In Maryland, medical malpractice cases can involve:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries
- Medication mistakes
- Failure to obtain informed consent
- Negligent follow-up care
To win a medical malpractice claim, you must show that a provider-patient relationship existed, that the provider deviated from accepted medical standards, and that you were harmed as a result.
Key Differences Between Medical Malpractice and Other Personal Injury Cases
Although both fall under civil law, medical malpractice claims have several unique features that set them apart from general personal injury cases in Maryland.
Certificate of Qualified Expert
In Maryland, medical malpractice lawsuits must include a certificate of a qualified expert. Within 90 days of filing a malpractice claim, the injured party must file a statement from a healthcare professional confirming that the defendant failed to meet the standard of care. This requirement does not apply in typical personal injury cases like car accidents.
Pre-Suit Requirements
By default, before filing a medical malpractice lawsuit in court, plaintiffs in Maryland must usually first submit their claim to the state’s Health Care Alternative Dispute Resolution Office. The case will start in this system unless a party decides to waive arbitration.
Statute of Limitations
Both personal injury and medical malpractice cases are subject to filing deadlines, but the statute of limitations timelines are slightly different.
- Personal injury: You generally have three years from the date of the injury to file a lawsuit in Maryland.
- Medical malpractice: The deadline is usually five years from the date of the injury or three years from the date you discovered (or reasonably should have discovered) the injury, whichever comes first.
Missing the deadline for either type of case can result in your claim being dismissed.
Damages in Medical Malpractice vs. Personal Injury Cases
Both medical malpractice and personal injury plaintiffs may seek similar types of economic and non-economic damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of future earnings
- Emotional distress
However, both personal injury and medical malpractice cases in Maryland are subject to damage caps (at least for non-economic damages). The amount is around $950,000 and increases each year. There is also a different cap for certain kinds of cases, like wrongful death.
When Should You File a Medical Malpractice Claim Instead of a Personal Injury Claim?
If you’re unsure whether your case qualifies as medical malpractice or a standard personal injury, consider who caused your injury and how. If it involved medical treatment, a diagnosis, or a medical procedure, there’s at least a chance it falls under malpractice.
On the other hand, if you were hurt in a car crash or at a store due to a slippery floor, you’re likely dealing with a personal injury case.
Because the legal rules are different, it’s important to speak with an attorney who can evaluate your case and determine the proper course of action.
Contact a Baltimore Personal Injury Lawyer for a Free Consultation
Medical malpractice and personal injury cases both aim to hold people accountable for causing harm, but they follow different rules in Maryland. If you’ve been hurt, you deserve to know what your legal rights are and how to move forward.
A skilled personal injury lawyer in Baltimore, Maryland, can review your case, determine whether it involves medical malpractice, and guide you through the legal process. If you need help after an injury, reach out to WGK Personal Injury Lawyers at (410) 837-2144 for a free consultation.
