Medical Malpractice in Maryland
Medical malpractice is a serious issue that affects millions of people every year. In Maryland, it’s important to understand the legalities surrounding medical malpractice claims. Medical malpractice occurs when a hospital, doctor, or other healthcare provider fails to provide standard care to their patients, leading to unintended injuries, illnesses, or even death. Medical malpractice can result in significant financial losses and long-term negative impacts on the victims.
Understanding Medical Malpractice
1. What is Medical Malpractice?
Medical malpractice is a legal concept that refers to negligent mistakes made by healthcare professionals while providing care to their patients. Negligence refers to a healthcare provider’s failure to provide the standard level of care that a competent practitioner would provide under similar circumstances. In Maryland, medical malpractice claims can arise from surgical errors, misdiagnosis, prescription errors, birth injuries, and serious infections caused by hospital negligence.
2. How to Prove Medical Malpractice in Maryland?
Proving medical malpractice is never easy. Plaintiffs must prove that their healthcare provider was negligent, and that this negligence resulted in the injury or harm they suffered. The process often involves hiring expert witnesses to testify that the care provided was below the acceptable standard. The claimant must also provide evidence that the healthcare provider caused their injuries in a direct manner. To recover damages, the plaintiff must also show the extent of their injuries and the negative impact of those injuries on their lives.
3. Time Limits for Filing Medical Malpractice Claims in Maryland
It’s important to note that there are time limits for filing medical malpractice claims in Maryland. According to Maryland’s statute of limitations, victims have three years from the date of the injury or one year from discovering the injury to file a claim. However, it’s advised to contact an attorney as soon as possible as it takes time to investigate, gather evidence, and build a strong case.
4. Caps on Damages in Maryland
Maryland has a cap on damages in medical malpractice cases. The limits depend on the year of the malpractice incident. From 2019 to 2020, Maryland law caps non-economic damages at $830,000. The cap increases to $860,000 from 2021 and will continue to rise by $15,000 each year. It’s essential to note that caps are a tricky issue. They can significantly reduce the amount of money awarded by the jury. However, a good medical malpractice attorney can provide guidance on maximizing the recovery.
5. Working with an experienced attorney:
Working with an experienced attorney is crucial in medical malpractice cases. Medical malpractice claims are complex, require extensive medical knowledge, and can be challenging to prove in court. Most medical malpractice attorneys offer a free consultation, so it’s essential to reach out to them early on to understand your legal options. An attorney can guide you through the process of filing a claim and evaluate your case’s strengths.
Medical malpractice is a legal issue that affects many people in Maryland each year.
It’s important to understand the legal complexities surrounding this issue. If you or a loved one has been harmed due to medical malpractice, it’s crucial to seek legal assistance from an experienced attorney. Remember, time is of the essence, so it’s best to contact an attorney as soon as possible to begin the legal process. With the right team by your side, you can recover the compensation you deserve and get back on track with your life.
