Maryland Medical Malpractice Lawyer
State laws in Maryland make it complicated for victims of medical negligence to pursue a claim for compensation. A Maryland medical malpractice lawyer understands the system of making a claim and can help victims who have hurt by a careless healthcare provider. Medical mistakes are the third leading cause of death in the United States, and as many as 440,000 people die each year from medical errors. An attorney with experience in malpractice claims can help surviving family members to pursue a wrongful death claim when medical mistakes have consequences.
Filing a Medical Malpractice Claim in Maryland
A personal injury lawsuit allows a victim of negligence, including medical negligence, to be “made whole,” or compensated fully for losses. A wrongful death claim allows those who have lost loved ones to also be “made whole,” and paid damages not just for loss of the deceased’s financial contributions, but also for loss of companionship.
Medical Malpractice Lawsuits in Maryland
Although the Arbitration system provides an alternative method of resolving medical malpractice cases, either party may waive arbitration and instead choose to have the case heard in Circuit Court. Maryland Courts and Judicial Proceedings Code Section 5-109 requires that claims arising from malpractice be filed within the earlier of three years from the date when the error was discovered, or five years from the date the mistake was made so you must meet the deadline to file suit.
If your malpractice lawsuit goes to court, you have the burden of proving the doctor or healthcare provider provided a level of care below that which a reasonable physician with a similar background and experience would have offered. Both acts (such as leaving a surgical instrument inside a patient) and omissions (like failing to diagnose you correctly) can lead to malpractice claims.
Your Maryland medical malpractice lawyer can help you put together evidence to prove your case. Since many cases settle without a full trial, your attorney can also work with the malpractice insurer to resolve your claim through a negotiated settlement.
Code Section 11-108, imposes a cap on non-economic damages for malpractice, which changes each year. Your Maryland medical malpractice lawyer can help you to understand what damages you may be entitled to receive through settlement or litigation.
How a Maryland Medical Malpractice Lawyer Can Help
Malpractice claims are complex claims because of the technical nature of the medical industry. You need an experienced Maryland medical malpractice lawyer who can help you try to convince a jury (who may not understand the medical field) that you have been insured. Call an attorney today to learn more about your legal options for putting together a strong claim for compensation.