An unfavorable outcome to a medical procedure does not, in and of itself, constitute medical malpractice. Requirements for viable cases vary from state to state. Each state defines medical malpractice in a slightly different way, requires different standards be met and operates under a slightly varying statute of limitations law. This article provides a brief overview of Maryland medical malpractice law in order to help you determine if the injury or death your family has experienced qualifies as medical malpractice in the state. Read on to learn the basics of Maryland malpractice law before contacting an experienced Maryland medical malpractice attorney to assess your case and determine its strengths and weaknesses. Finding an attorney with three decades of experience in Maryland, Baltimore and Washington D.C medical malpractice litigation is the key to a successful claim.
What qualifies as medical malpractice in Maryland?
The key to proving medical malpractice lies in a legal concept known as standard of care. This refers to the required amount and quality of care you are legally entitled to from your healthcare provider. Successful medical malpractice cases rely on the ability to prove that the standard of care shown to you or your loved one was not at a level that could be reasonably expected from any physician in those circumstances. Proof of the standard of care requirements may vary from state to state, and an experienced medical malpractice lawyer can advise you on whether your provider’s care met the criteria for negligence in your locale. Breaches in standard of care can occur at any point in the medical treatment process and can include things such as failing to diagnose an injury, prescribing the wrong medication or dose, neglecting to properly inform a patient about risks associated with a procedure and improperly administering medical care. Medical malpractice lawsuits can be brought against healthcare administrative staff, the facility itself and physicians.
Maryland’s statute of limitations
The statute of limitations refers to the time period in which a patient must bring forth a lawsuit. Maryland has instituted a strict statute that requires patients begin legal proceedings within five years from when the negligence took place or within three years from the time the injury or illness was discovered, whichever time period is shorter. However, there are a few exceptions to this rule. Injuries to children and brain injured patients are given a significantly longer statute of limitations. Contact an experienced malpractice attorney in the Maryland or Washington D.C. area for help determining whether your case meets the applicable statute of limitations requirements.
Schochor, Federico and Staton are here to guide you
Medical malpractice is complicated and rarely black and white. Whether you are seeking monetary compensation for economic loss or non-economic damages for the illness or injury you have experienced as the result of a healthcare provider’s negligence, the road to justice is complex and requires experienced legal professionals. Serving the Baltimore, Maryland and Washington D.C area for over three decades, the experienced medical malpractice attorneys at Schochor, Federico and Staton are here to walk you through the process and get you the compensation you deserve. Call us today at 410-234-1000 to consult with one of our attorneys about your case.