Maryland Medical Malpractice Attorneys

What Constitutes Medical Malpractice? 

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in patient harm. The “standard of care” refers to the level and type of care that a reasonably competent healthcare professional with similar training and experience would provide in the same situation. 

Common Forms of Medical Malpractice

Medical malpractice can take various forms. Common types include (but are not limited to):

• Birth injuries
• Misdiagnosis
• Surgical errors
• Anesthesia errors
• Delayed diagnosis
• Emergency room errors
• Failure to treat or monitor
• Prescription medication mistakes
• Failure to obtain informed consent
• Hospital negligence, such as understaffing or unsanitary conditions

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

The statute of limitations for filing a medical malpractice lawsuit varies by jurisdiction. In most cases, you only have five years from the date of the actual injury or five years from the date that the injury was discovered or should have been discovered. 

Failure to file within the appropriate statute can bar you from seeking compensation, making it crucial to seek legal counsel as soon as possible. Our attorneys are well-versed in these laws to help you file a timely claim within the correct deadline. 

Proving Liability in Medical Malpractice Claims

The plaintiff bears the burden of proof in medical malpractice lawsuits, meaning you are responsible for proving liability by a preponderance of the evidence. In other words, you must demonstrate the provider’s negligence “more likely than not” caused your injuries. 

Proving medical malpractice requires four key elements: 

1. Duty. The provider or facility had a duty to provide a standard level of care.
2. Breach. The doctor or institution breached this duty through negligence. 
3. Causation. The breach resulted in direct harm to the patient.
4. Damages. The patient suffered actual damages as a result of the breach.

Our advocates have a deep understanding of complex liability laws to help you identify liable parties and work tirelessly to hold the at-fault individuals or organizations accountable. 

What Compensation Is Available in a Medical Malpractice Claim?

Various types of compensation may be available in medical malpractice claims, including reimbursement for medical expenses related to the malpractice, compensation for lost wages during recovery, and damages for emotional distress.  

Our attorneys can evaluate the facts of your case to accurately calculate damages and pursue a settlement that reflects the full extent of your injuries. We assess every avenue for financial recovery to maximize available compensation for both economic and non-economic losses. 

What Is a “Certificate of Merit” in Medical Malpractice Claims?

State law requires a “certificate of a qualified expert” or certificate of merit for medical malpractice claims (Md. Code § 3-2A-04). This is a formal statement from a licensed medical professional confirming that the healthcare provider likely deviated from the accepted standard of care and caused the patient’s injury. 

A certificate of merit shows the court that a qualified expert has reviewed your case and believes there is a legitimate medical basis for your claim. The certificate is required before the case can proceed and must be filed within 90 days of the complaint. We coordinate with medical experts to prepare compelling statements and build a strong foundation for your claim.