On any given day, 23,323 active Maryland physicians are examining patients, performing surgical procedures, and otherwise assisting their patients with injuries, according to data compiled by the Association of American Medical Colleges.
Each day, those same medical professionals are tasked with making critical decisions about their patients’ overall health. The vast majority of those physicians and their support staff provide exceptional care for their patients. Unfortunately, there are the occasional instances of negligence that can cause harm or lead to death.
Based on data collected by the Civil Justice Resource Group, there are anywhere between 65,000 to 200,000 annual deaths caused by medical accidents. This means that around 2.9% of patients fall victim to some type of medical malpractice.
In 2023, CBS News reported that there were 800 cases of medical errors in Maryland hospitals, and of those cases, 92% were designated as Level 1, which is the most severe classification.
If you or a loved one has suffered harm as the result of a health care practitioner’s negligence, you need to discuss what happened with a Baltimore medical malpractice lawyer. At Belsky & Horowitz, LLC, our attorneys understand the complexities of Maryland state law and can analyze your case to see if your rights were indeed violated, beginning with a complimentary initial case evaluation. Contact us if you’d like us to review your records and advise you of your legal options.
Medical Errors That Lead to Victims Taking Legal Action
Just because you still experience pain after a medical procedure or you developed a debilitating disease while under the care of a physician does not automatically mean you have a case for medical malpractice. That being said, there are several typical types of medical errors that could justify the filing of a malpractice lawsuit.
Misdiagnosis
Whether it is an obvious diagnosis, such as a broken bone based on an X-ray, or a more complex diagnosis, such as an internal organ failure based on blood tests, that diagnosis is the core of every doctor’s interaction.
When a doctor fails to properly diagnose an ailment that would be obvious to other medical professionals or makes a misdiagnosis that leads to the wrong treatment, it can lead to severe health consequences or even wrongful death.
Surgical Errors
The majority of surgical procedures can be thought of as routine. For the most part, there are rarely any complications. However, there are the occasional surgical errors that can lead to devastating injuries. These errors can include leaving a medical instrument in the body or the accidental perforation of nearby organs. Additionally, according to the American College of Surgeons, incidents of wrong-site surgery accounted for 6% of the sentinel events in 2022.
Anesthesia Errors
When a surgical procedure requires anesthesia, the anesthesiologist needs to thoroughly understand the patient’s medical history, know their weight and any allergies, as well as past adverse reactions to sedatives and current conditions in order to successfully administer the proper dose of anesthesia. Anesthesia errors could lead to patient complications.
Medication Errors
Along with all the other skills that a doctor must possess, they need to have a broad knowledge of prescribed medications. Those medications all come with potential side effects. Medication errors that involve wrong prescriptions or incorrect doses could lead to adverse side effects. Doctors or nurses aren’t the only ones who can be held liable for drug dispensing or administration mistakes. A pharmacist can also be held liable for this.
Birth Injuries
From the moment that a pregnancy is confirmed, its progression needs to be closely monitored. When the mom goes into labor, and the delivery process begins, the medical team is focused on bringing a healthy baby into the world.
Anywhere along the entire pregnancy process, there can be birth injuries that lead to cerebral palsy, Erb’s palsy, or shoulder dystocia. Surgical tools can also cause nerve damage. These can be injuries requiring corrective surgery or a lifetime of expensive treatment and care.
Emergency Room Errors
There is no such thing as a “quiet day” in an emergency room (ER). On a typical shift, a wide range of injuries and ailments could show up, requiring quick action from the ER staff. When emergency room errors occur, they can lead to serious errors and possibly fatalities.
Communication Errors
A doctor can be a sole practitioner in a medical practice, but they rarely work alone. Every doctor has a staff that supports them, along with outside specialists, including radiologists, pharmacists, and phlebotomists. Communication errors anywhere along that chain of support can lead to mistreatments that hinder a patient’s health.
Defective Medical Products
Many procedures require medical products to be intentionally left behind in a patient. Hip replacement and heart stents are two of the most common forms of these products. However, these products can sometimes be deemed defective. This is such a serious issue that the Federal Drug Administration has begun building an active post-market surveillance system.
There are also incidents of hospital infections, failures to treat, nursing home neglect, and failure to inform patients of risks that could all be considered harmful incidents that should be discussed with a medical malpractice lawyer in Baltimore to see if you have grounds to file an official complaint. Our legal team is ready and able to assist you. Give us a call or email to schedule an initial case evaluation.
Who Is Liable for Medical Negligence?
Your medical care can be traced to a primary physician. This would be the team leader who makes the diagnosis and prescribes a course of action to treat the ailment. If something goes wrong, that primary physician can be held liable for medical malpractice. However, several other medical professionals or entities could also be named as defendants in a medical malpractice case. Those parties include the following:
- Surgeons
- Nurses
- Anesthesiologists
- Dentists
- Pharmacists
- Radiologist
- Medical assistants
- Administrative staff
- Hospitals
- An urgent care center
- Medical device manufacturers
Determining who is at fault for a medical negligence case can be challenging and requires a thorough investigation conducted by your Baltimore medical malpractice lawyer and their team of experts. That investigation will provide the necessary documentation to establish the negligence. Doing that is essential before you can move forward with your lawsuit.
Requirements To File a Maryland Medical Malpractice Case
Medical malpractice is an act of negligence perpetrated by a health care professional that leads to injury, disability, pain and suffering, or death. These are very serious claims, and every state has different procedures for a plaintiff to follow to pursue them. Special requirements that apply to Maryland medical malpractice cases include:
Certification of Merit
After your Baltimore medical malpractice lawyer files a lawsuit in civil court, they will have 90 days to file what is referred to as a certificate of merit. Maryland law states that the certificate must contain “a statement from a qualified expert attesting that the licensed professional failed to meet an applicable standard of professional care.”
Your attorney will likely seek this certification before filing a lawsuit. That does not mean you have proven your case, but instead, that there is evidence that should be examined by a judge and jury to make a final determination about it.
Arbitration
Before moving on to the trial, you will be given the option to go through an arbitration process that involves a three-member panel comprised of an independent attorney, health care providers, and members of the public. These will be agreed to by both parties involved in the case. The panel will hear all the relevant evidence. They will then determine if the defendants can be held liable for negligence and how much compensation is due to the plaintiff.
It is important to note that the arbitration ruling is non-binding. Either party can appeal the ruling, which would mean taking the matter up in civil court. If you file the proper paperwork, you can also waive the arbitration process altogether.
While this process sounds complicated, the attorneys at Belsky & Horowitz, LLC, are extremely familiar with how it is intended to work. We will provide you with all the information you need to make the right decision about proceeding with your complaint.
The Statute of Limitations Applicable to Cases Where Health Care Provider Errors Occur
Another limitation to filing your medical malpractice lawsuit in Maryland is the statute of limitations. For personal injury lawsuits, you have three years to file your lawsuit. However, with a medical malpractice lawsuit, there are different limitations. This is how the law describes those limits:
- Five years from the date that the malpractice incident occurred or
- Three years from the date that the injury or error was originally discovered
This means that the impact of a negligent act might not be immediate. For instance, you could have an implant that is discovered to be defective two years after it was implanted. As long as you and your medical malpractice attorney file within the appropriate statutory deadlines, you will be able to move forward with your legal case. If you file outside the statute, your case will most likely be dismissed regardless of the severity of the consequences you suffered.
Compensation You Can Recover if a Health Care Professional Harmed You
A crucial element of your medical malpractice lawsuit is the compensation you can recover. You can expect your Baltimore medical malpractice lawyer to fully assess and recover compensation for your losses, which may include:
Economic Compensation
Your economic compensation will cover your out-of-pocket expenses that have accumulated as a direct result of your injury, including the following:
- Additional corrective surgeries and other medical procedures
- Prescription drugs
- Physical therapy
- Medical equipment, such as a wheelchair or crutches
- Medical testing, including blood work and X-rays
- Trips in an ambulance
- Transportation to doctors’ appointments
- Hospital stays
- Lost Income
- Diminished earning capacity
Noneconomic Compensation
The noneconomic compensation would be all the losses that can be paid with a bill but still have value, including:
- Pain and suffering
- Anxiety
- Stress
- Depression
- Anger
- Physical impairment or disfigurement
- Loss of consortium
How Your Baltimore Medical Malpractice Lawyer Will Manage Your Entire Case
Once the Belsky & Horowitz, LLC team agrees to represent you in your medical malpractice case, we will manage all aspects of it.
That begins with a thorough review of your informed consent forms. You signed these forms before your surgical procedure or examination. They are designed to inform you of potential risks with your treatment and recovery. That does not absolve any of the medical professionals from negligence. You can agree to the risks, but your health care provider shouldn’t subject you to harm.
Beyond that, we will deploy all our medical experts to conduct a review of the following items:
- Your medical history before and after your injury or illness
- Any past complaints against the physician treating you or the health care facility
- All your bills for medical treatment
- Witness testimony from your family and friends about the impact your illness or injury has had on you
You can additionally expect us to actively engage in negotiations with insurers to ensure you have the strongest potential of securing maximum compensation in an out-of-court settlement. And, should securing a fair offer not seem possible, we will prepare your case for trial, including ensuring you’re ready to testify if necessary.
Our support begins with a free case evaluation. Call to set up your consultation today.
