Medical malpractice claims can be quite complex due to the intersection of law, ethics, and intricate medical procedures. Being well-informed about the process and requirements of a malpractice claim in Waldorf, Maryland is essential in protecting your rights and securing fair compensation.
This article addresses common questions that arise in the course of understanding and pursuing medical malpractice claims in the state. Here, we’ll cover the legal definition of medical malpractice, crucial steps in filing a claim, the role of expert witnesses, and the Maryland-specific statutes that govern these cases.
By reading this guide, you will gain a clearer understanding of the intricacies of Maryland’s medical malpractice claims process, setting the stage for a supportive partnership with an experienced attorney, as you work together to seek justice for any harm done due to medical negligence.
What Constitutes Medical Malpractice in Maryland?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, breaches the standard of care required in their profession, and that breach leads to an injury or harm to the patient. In Maryland, the standard of care refers to the degree of skill, care, and diligence that a reasonably competent healthcare provider in the same field would exercise under similar circumstances. If the healthcare provider’s actions or omissions deviate from this standard and cause injury to the patient, they may be liable for medical malpractice. Examples of medical malpractice may include surgical errors, birth injuries, medication errors, misdiagnoses, or failure to diagnose a serious medical condition.
What Are the Steps in Filing a Medical Malpractice Claim in Maryland?
- Consulting an Attorney: Due to the complexity of medical malpractice cases, it is crucial to consult with an experienced attorney who understands Waldorf, Maryland’s specific medical malpractice laws. They can advise you on the merits of your case, guide you through the process, and assist in preparing legal documentation.
- Obtaining and Reviewing Medical Records: Your attorney will gather and review your medical records to determine if the healthcare provider’s actions or omissions constitute medical malpractice.
- Expert Review: In Maryland, a medical malpractice claim requires a Certificate of Qualified Expert, which is a written statement from a qualified expert in the same field as the defendant, attesting that the defendant breached the standard of care and that the breach caused the patient’s harm. Your attorney will identify and retain a qualified expert to review your case and provide the required certificate as part of the claim.
- Filing the Claim: Once the Certificate of Qualified Expert has been obtained, your attorney will file the medical malpractice claim with the appropriate court, including a statement of facts outlining the allegations against the healthcare provider.
- Discovery and Settlement Negotiations: During the discovery phase, both parties gather evidence, speak with witnesses, and prepare their cases. Settlement negotiations may occur during this time, and many cases settle before proceeding to trial.
- Trial: If a settlement is not reached, your case will proceed to trial, where a judge or jury will determine liability and compensation. Your attorney will present evidence and expert testimony on your behalf to support your case.
What is the Role of Expert Witnesses in Maryland Medical Malpractice Claims?
Expert witnesses play a critical role in medical malpractice cases. They provide testimony and opinions based on their expertise to help the court understand the technical aspects of the case, such as the standard of care, causation, and the extent of damages. In Maryland, the law mandates that a qualified expert must provide an opinion on the medical issues at the core of the claim.
The expert witness must be licensed to practice medicine in the United States, have clinical experience in the same field as the defendant, and not spend more than 20% of their professional time in the service of personal injury matters. A Certificate of Qualified Expert is required in order to proceed with the claim, making expert witnesses an essential component of the medical malpractice claim process in Maryland.
What Are the Time Limits for Filing a Medical Malpractice Claim in Maryland?
In Maryland, the statute of limitations for medical malpractice claims is generally three years from the date the injury was discovered, or five years from the date the injury occurred, whichever comes first. However, in cases involving minors, the statute of limitations does not begin until the minor reaches the age of 11, with some exceptions for cases involving injuries to reproductive systems and instances of foreign objects left in the body. It is crucial to consult with an attorney promptly after discovering a potential medical malpractice injury to ensure you do not miss the filing deadline.
Are There Caps on Medical Malpractice Damages in Maryland?
In Maryland, there is a cap on non-economic damages in medical malpractice claims, including pain and suffering, inconvenience, or loss of enjoyment of life. As of January 1, 2021, the cap for non-economic damages is $830,000 for cases involving only one claimant, and this cap will increase by $15,000 each year. There is no cap on economic damages, such as medical expenses or lost wages, in medical malpractice claims in Waldorf, Maryland.
Trust The Law Office of Ben Evan for Your Maryland Medical Malpractice Case
Navigating the complicated landscape of Maryland medical malpractice claims requires a thorough understanding of the standard of care, expert witness requirements, and relevant statutes of limitations. Working with an experienced attorney who is experienced in Waldorf, Maryland medical malpractice law is essential to safeguarding your rights and maximizing your chances for a successful outcome.
If you or a loved one has suffered harm due to potential medical negligence, trust the dedicated personal injury lawyers in Waldorf, Maryland at The Law Office of Ben Evan to provide personalized guidance and strong representation. Our skilled attorneys will work tirelessly to seek justice in your medical malpractice claim and help you recover the compensation you deserve. Contact us for a free, no-obligation consultation to discuss your case and explore your legal options.