Gaithersburg Medical Malpractice Attorneys

What Damages Can I Recover in a Medical Malpractice Case?

Victims of medical malpractice may be entitled to various forms of compensation, including economic damages for direct financial losses and non-economic damages for indirect losses. Common types of recoverable damages include:

• Lost wages
• Medical expenses
• Emotional distress
• Pain and suffering
• Loss of earning capacity
• Loss of enjoyment of life
• Permanent scarring or disfigurement
• Loss of consortium or companionship

The exact damages depend on the extent of your injuries and other unique factors. We can assess every path for financial recovery to secure a settlement that covers your current and future care needs. 

How Long Do I Have to File a Medical Malpractice Lawsuit?

In Maryland, the statute of limitations for medical malpractice claims is five years from the date of the incident, or three years from the date the injury is discovered or should have been discovered (whichever comes first). Failure to file within the appropriate timeframe can result in the loss of eligibility to seek compensation, making it crucial to contact our lawyers as soon as possible.

How Do I Know if I Have a Medical Malpractice Case?

The victim (plaintiff) is responsible for proving liability in a medical malpractice claim. To meet the burden of proof, you must demonstrate four key elements:

1. Duty of care. The defendant owed a legal obligation to the patient. 
2. Breach of duty. The defendant breached their duty through negligence.
3. Causation. The defendant’s breach resulted in direct harm to the patient.
4. Damages. The patient would not have suffered harm if not for the defendant’s actions.

While proving harm in a medical malpractice lawsuit isn’t easy, working with our trusted advocates can make a meaningful difference. We understand that navigating a legal case during your recovery can be incredibly challenging, which is why we provide compassionate guidance and unwavering support at every step. 

I Was Misdiagnosed by a Physician at Kaiser Permanente on Watkins Mill Road. Will My Medical Malpractice Case Go To Trial?

Many medical malpractice cases are settled out of court. However, some cases may proceed to trial if a fair settlement cannot be reached during negotiations. Our firm never hesitates to stand up to powerful healthcare and insurance companies like Kaiser Permanente in court if necessary to secure a just outcome. We can evaluate your case to determine an advantageous path forward, whether through a settlement or litigation. 

I Suffered a Birth Injury at the Shady Grove Medical Center. Is There a Cap on Damages for Pain & Suffering? 

If you suffered a birth injury at Shady Grove Medical Center, you may be entitled to compensation for both direct losses (such as hospital bills) and indirect losses (such as pain and suffering). While there is no cap on economic damages in medical malpractice claims, Maryland law imposes a cap on non-economic damages. This cap has increased yearly by $15,000 since January 1, 2009 (Md. Code § 3-2A-09). 

All claims arising from a single medical incident are subject to the same limit, regardless of how many patients or defendants are involved. In 2025, the cap for non-economic damages is $905,000 per medical malpractice claim. In wrongful death cases involving two or more beneficiaries, the total recovery is capped at 125% of the standard limit, which is approximately $1.13 million. We can present clear evidence of injuries to maximize available compensation within statutory limits.