What Should You Do If You Think You Have a Medical Malpractice Case?
Victims of medical malpractice typically find themselves struggling to decide whether or not they should pursue litigation. More often than not, this confusion is the result of a lack of knowledge about the legal definition of medical malpractice, what information they need to have (or prove), and who they should talk to about their concerns.
The only person who can speak about your case with authority is a medical malpractice lawyer. At The Law Office of Snyder & Snyder, P.A., we prepare every malpractice case for trial because that’s where we do our best work. Ask our clients—our firm’s results include over $1 billion in verdicts and settlements*. When you need justice and a large jury award, we’re the firm you want in your corner.
Call (410) 983-3535 to speak with our team in a free consultation. We are ready to fight for you.
What Legally Defines Medical Malpractice in the State of Maryland?
Examples of medical malpractice include a physician failing to diagnose (or misdiagnosing) a medical problem, failing to prescribe medication when needed, prescribing incorrect medication, failing to properly treat a patient, and/or failing to inform a patient of the risks of treatment.
In order to have a medical malpractice case in Maryland, you must be able to show that a healthcare professional violated the standard of care, and in doing so caused you harm or injury.
Your medical malpractice case must prove four legal elements:
- There was a professional duty owed to you, the patient;
- There was a breach of such duty;
- There was an injury caused by the breach; and,
- As a result you suffered damages.
What Types of Damages Can I Seek?
Medical malpractice cases are civil cases, meaning the victim (or plaintiff) seeks monetary damages for his or her suffering. Typically, victims of medical malpractice or medical negligence will seek compensatory damages. Compensatory damages cover all of your costs that occurred as a result of economic or non-economic losses.
Economic losses include:
- Lost wages
- Medical equipment
- Future medical care
- Costs associated with extra medical work
Non-economic damages, on the other hand, compensate for the damage that is not quantifiable: namely emotional distress, and unnecessary pain and suffering. In Maryland, there are limits on these types of damages. A medical malpractice lawyer with a proven track record of successful litigation can help you fight for the compensations you deserve.
Whom Should You Talk to, and When?
It’s important to talk to a Baltimore medical malpractice attorney sooner than later. The statute of limitations in Maryland is typically five years from the time the malpractice occurred or three years from the time the injury was discovered, whichever comes sooner. There may be some exceptions to this rule, and therefore it is always important that you pursue your case as quickly as possible after you discover the injury and/or malpractice.
In order to determine the merit of a given case, our Maryland trial lawyers may need to obtain and examine copies of the alleged victim’s medical records. By examining the contents of the records—in addition to considering what may not be found within the records—our lawyers can determine the validity of a medical malpractice case. As a result, you’ll need to keep all documentation regarding treatment.
Contact us today at our Maryland or Washington DC office and receive a free consultation.