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.
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How Often Does Medical Malpractice Happen?
Patients visit doctors and hospitals so that they can get better and not worse. Unfortunately, medical errors make things significantly worse for many patients each and every year. In fact, a study by Johns Hopkins University suggests that medical errors are responsible for about 250,000 deaths per year. That equates to the third-leading cause of death in the country.
Maryland Medical Malpractice Laws
In order to limit frivolous lawsuits and keep healthcare costs down, each state sets its own requirements that must be met prior to filing a medical malpractice lawsuit. In Maryland, a victim or their lawyer must file a statement from a qualified expert who will testify that the provider’s actions deviated from the appropriate standard of care and were the cause of the victim’s injuries.
This statement is called the Certificate of Merit. It must be filed within 90 days of filing a lawsuit, and the expert who provides the statement must make less than 20% of their income from expert testimony in personal injury cases.
Additionally, Maryland law requires that parties arbitrate their issue before filing a lawsuit. However, this requirement is often waived by the parties. This means that both parties may agree to forego arbitration and head directly into court proceedings.
How Do You Prove Malpractice?
To prove medical malpractice, a victim will need to show that:
- The doctor had a duty to care for the patient
- The doctor’s actions deviated from the acceptable standard of care
- The doctor’s actions were the direct and proximate cause of the injuries
- The victim suffered damages as a result
Proving medical malpractice is not that much different from proving negligence in other personal injury cases. However, proving that the doctor violated an accepted standard of care can sometimes be a challenge. There are certain behaviors that often qualify as malpractice.
What Are the Most Common Reasons for Medical Malpractice?
Some of the most common reasons for medical malpractice lawsuits include:
- Improper or delayed diagnosis
- Surgical errors, such as leaving instruments behind
- Improper amputations
- Birth injuries
- Anesthesia errors
- Lack of informed consent
- Medication errors
These errors can lead to serious, life-altering consequences, and when they do, victims have the right to hold negligent providers accountable through a malpractice claim.
What Kinds of Damages Are Available to Malpractice Victims?
Victims who are harmed by a medical malpractice error may be entitled to recover both economic and non-economic damages. They may recover compensation for new injuries as well as damages for making their existing injury or condition worse. Some common examples of damages available in these cases are:
- Current and future medical bills
- Lost wages
- Pain and suffering
- Diminished quality of life
- Depression
- Anxiety
- Emotional distress
- Loss of consortium
If you believe you have a medical malpractice claim, call us. We can refer you to a lawyer who handles these cases.