Medical malpractice claims are complicated, so you need to hire a medical malpractice lawyer in Waldorf, MD, once you suspect that you qualify to file a lawsuit.
You need to establish certain factors to prove a medical malpractice claim in Maryland, including:
- You and the medical provider had a doctor-patient relationship that imposed a duty of care on the healthcare provider;
- The medical provider deviated from the generally accepted standard of care for similarly trained medical professionals;
- You suffered injuries due to the medical provider’s deviation from the generally accepted standard of care; and
- You suffered damages due to your injuries.
In Maryland, you must file a document from a qualified expert stating that the medical provider named in your lawsuit violated applicable standards of care and proximately caused your injuries. This expert will explain the applicable standard of care for a similarly qualified physician. You must file this document within 90 days of filing your malpractice claim.
By law, the expert must make less than 20% of their income from testifying in personal injury cases, including medical malpractice claims. The following activities count toward the 20% limit:
- Traveling to and from or testifying in legal proceedings,
- Assisting attorneys with discovery,
- Reviewing material about potential malpractice claims,
- Conferring with others about potential malpractice claims, and
- Spending time on any activity with a clear and direct relationship to giving testimony in a medical malpractice case.
Maryland imposes this rule to prevent parties from hiring expert witnesses without actual experience practicing medicine.
A Waldorf medical malpractice lawyer at Southern Maryland Law can help you find a medical expert to provide a statement for your case.
What Constitutes Medical Malpractice?
Before addressing your situation specifically, we first need to talk about what constitutes medical malpractice. Crucially, not all medical mistakes are evidence of malpractice. For a medical mistake to constitute malpractice, it must result from the failure to meet a certain standard of care.
In Maryland, the requisite standard of medical care is different under different circumstances. For example, an emergency room doctor who is treating a patient with life-threatening injuries is generally afforded a larger margin of error than a specialist who is diagnosing a patient under more routine circumstances. Ultimately, the question is, Would a reasonably prudent doctor have made the same decision under the same circumstances? If the answer is no, then a claim for medical malpractice will arise.
Medical malpractice can take many different forms. For example, depending on the circumstances involved, the following can all potentially constitute malpractice:
- Misdiagnosis,
- Delayed diagnosis or failure to diagnose,
- Failure to order necessary tests or scans,
- Failure to properly interpret test results or images,
- Surgical mistakes,
- Blood transfusion errors,
- Anesthesia errors or injuries,
- Prescription medication errors,
- Emergency room negligence,
- Hospital administration errors,
- Cerebral Palsy,
- Erbs Palsy, and
- Birth Injuries.
At Southern Maryland Law, we represent patients and families in all types of medical malpractice claims. If you have any concerns about the care that you or a loved one received in a Southern Maryland doctor’s office or medical facility, we encourage you to schedule a no-obligation consultation. We practice in Waldorf, Lexington Park, and other areas in Southern Maryland, and we have decades of experience holding all types of medical providers accountable for their mistakes.
Who Is Responsible for My Injury?
Medical malpractice can occur as a single act or through a series of negligent actions. In some cases, medical malpractice is committed by multiple parties within an institution, including:
- Family medicine practitioners;
- General practitioners;
- Cardiologists;
- Radiologists;
- Obstetrician-gynecologists (OB-GYNs);
- Anesthesiologists;
- Surgeons;
- Psychologists and psychiatrists;
- Pharmacists;
- Hospitals, clinics, birth centers, and private practices; and
- Other healthcare providers and facilities.
No matter what type of provider caused your injury, we can help you pursue the compensation you deserve.
Do You Have a Medical Malpractice Claim?
When you contact us, you will meet with one of our legal team one on one (by phone or Zoom, if preferred) to review the circumstances of your case in detail. As experienced Maryland medical malpractice lawyers, the attorneys at our firm are capable of analyzing your medical records and the information you are able to provide to give a preliminary assessment of your legal rights.
If it appears that you may have a medical malpractice claim, we will continue to investigate your claim in detail. Working with trusted medical experts, we will thoroughly evaluate the quality of your (or your loved one’s) care to determine whether it fell below the requisite standard. If it did, we will file a claim with the provider’s medical malpractice insurance company. If the insurance company refuses to negotiate a just settlement, we will fight for maximum compensation in court.
Statute of Limitations for Medical Malpractice in Maryland
Understanding the statute of limitations is critical in medical malpractice cases. Maryland law enforces strict deadlines that determine how long you have to file a claim.
The statute of limitations for medical malpractice in Maryland is three years from the date the injury was discovered, but in no case more than five years from the date of the injury, regardless of when it was discovered.
This dual deadline ensures that claims are filed promptly while accounting for situations where injuries may not be immediately apparent.
Exceptions to the Statute of Limitations
Certain circumstances can toll (pause) the statute of limitations, allowing additional time to file:
- Minors. If the victim is under 18, the statute does not begin to run until their 18th birthday.
- Incapacitation. Victims who are mentally incapacitated may have the deadline delayed until they regain capacity.
- Fraud or concealment. If a healthcare provider intentionally conceals the malpractice, the statute may be extended.
These exceptions are highly fact-specific, so consulting an attorney is crucial to determine how they might apply to your case.
Missing the filing deadline can result in your case being dismissed, regardless of its merits. Prompt action ensures evidence is preserved, witnesses are available, and legal rights are protected. Consulting an experienced attorney as soon as possible is the best way to ensure your claim is filed within the required timeframe.
Maryland’s Certificate of Qualified Expert Requirement
Maryland law imposes specific requirements for filing a medical malpractice claim. One of the most critical steps involves obtaining a Certificate of Qualified Expert. This document must be filed within 90 days of filing your lawsuit and serves as a preliminary review of the case by a medical expert.
What Is the Certificate of Qualified Expert?
This certificate is a sworn statement from a qualified medical professional confirming that the defendant’s actions deviated from the accepted standard of care and directly caused harm. The expert must:
- Practice in the same or a related field as the defendant,
- Have knowledge of the standard of care applicable to the case, and
- Be willing to testify if needed.
This requirement ensures that only valid claims proceed, preventing frivolous lawsuits. Without this certificate, your claim may be dismissed. Navigating this process is complex. An experienced medical malpractice attorney can help by:
- Identifying a qualified expert to review your case,
- Coordinating with the expert to prepare the certificate, and
- Ensuring compliance with Maryland’s filing deadlines and legal standards.
Meeting this requirement is essential to advancing your claim. Working with knowledgeable medical malpractice lawyers significantly increases your chances of meeting this critical obligation and achieving a successful outcome.
Recoverable Damages in Maryland Medical Malpractice Cases
Victims may be entitled to compensation for several types of losses. Maryland law allows recovery for the following.
Economic Damages
These damages reimburse financial losses tied directly to the malpractice. Examples include:
- Medical costs—treatment, procedures, therapy, and prescriptions;
- Future care needs—ongoing medical expenses or specialized care; and
- Lost income—wages lost during recovery and diminished earning potential.
Economic damages can be substantial, and working with a seasoned medical malpractice attorney will help ensure you receive the maximum compensation possible.
Noneconomic Damages
Compensation for intangible losses covers:
- Pain and suffering—emotional and physical distress;
- Loss of enjoyment of life—inability to engage in prior activities; and
- Consortium losses—damages related to strained personal relationships.
Maryland places limits on noneconomic damages in medical malpractice cases. For 2023, this cap is $875,000 and increases annually.
Punitive Damages
Though rarely awarded, these damages aim to punish egregiously reckless behavior and deter similar conduct.
Wrongful Death Damages
When malpractice causes death, surviving family members may recover for:
- Funeral costs,
- Emotional pain, and
- Loss of financial support.
To maximize your claim, working with experienced legal counsel is crucial. Our medical malpractice lawyers will work to ensure that all damages are appropriately calculated and documented.
Important Facts About Your Medical Malpractice Claim
If you have a medical malpractice claim in Waldorf, there are some important facts you need to know. These include:
- You have only a limited amount of time to file a claim. Maryland’s medical malpractice statute of limitations is a bit complex. The amount of time you have to file a claim depends on several different factors. To protect your rights, you should consult with a Waldorf medical malpractice lawyer promptly.
- You need to continue with your medical care. While you should not usually go back to the same doctor, it is important that you continue with your medical care. If you would like, we are more than happy to provide a referral.
- You do not have to pay anything out of pocket. At Southern Maryland Law, we handle all medical malpractice cases on a contingency-fee-basis. This means that you pay nothing unless we win.
It’s important to speak with an experienced Waldorf medical malpractice attorney to understand how these and other details of medical malpractice law may affect you.
How Can a Waldorf Medical Malpractice Lawyer Help My Case?
As you can see, a medical malpractice claim involves complex legal concepts and multiple varying factors that dictate the outcome of each case. A medical malpractice attorney can help your claim by:
- Collecting and reviewing relevant medical records,
- Locating a qualified medical professional to testify as an expert witness,
- Preparing a strategy to demonstrate the extent of your injuries,
- Compiling invoices and financial documents to calculate the value of your losses,
- Showing how the at-fault party’s negligence resulted in your losses, and
- Taking your case to trial, if necessary.
Our team at Southern Maryland Law represents clients in all types of medical malpractice claims. Contact our team today to schedule a free, no-obligation consultation.
