Medical malpractice is a complicated area of law. Given that it involves seeking justice for injuries suffered at the hands of medical professionals, there must be a thorough investigation, you will require the services of a medical expert, and an experienced Maryland medical malpractice attorney to develop a strong case on your behalf. If you have been injured by a physician or other medical professional, you may have questions about how the process works.
Here are some of the common questions we have heard from clients about medical malpractice in Maryland:
Q: What is medical malpractice?
A: The term “medical malpractice” is a general term that refers to a circumstance when a medical professional’s action or failure to act, deviated from the accepted standard of care for a given specialty and geographic area and that resulted in the injury or death of the patient.
Q: If I am not satisfied with how my surgery turned out, can I sue my doctor for medical malpractice?
A: No. The purpose of a medical malpractice lawsuit is not to satisfy a patient’s disappointment or frustration when a procedure did not yield the results they expected. A patient must suffer an injury and damages, and you as the plaintiff must be able to draw a clear line of causation between the actions of the medical professional and your injury. Additionally, in Maryland, the plaintiff must file with the court and serve all concerned parties with a “certificate of a qualified expert,” which a medical expert prepares attesting to the fact that they have investigated the plaintiff’s complaint and found that the actions of the medical professional being named as the defendant failed to meet the accepted standard of care in their treatment of the plaintiff.
Q: What must I prove to win my medical malpractice case?
A: To prevail in a Maryland medical malpractice lawsuit, you must be able to prove that a doctor-patient relationship existed, that the doctor’s actions breached the accepted standard of care, and that the breach caused your injury and other losses.
Q: Can I sue my doctor for being rude to me?
A: No, you cannot sue your doctor for being rude. However, if you feel strongly about what happened, you can file a complaint with the Maryland Medical Board of Physicians.
Q: Can I sue a nurse for a medication error?
A: Yes. You can sue a nurse for medical malpractice when their actions fail to follow the accepted standard of care, but the burden of proof for suing a nurse is the same as for filing a lawsuit against a physician.
Q: What is the time limit for filing a lawsuit for a medical mistake?
A: The statute of limitations (the legal time limit for filing a lawsuit) for medical malpractice in Maryland is three years from the date the injury was discovered, or within five years after the act of negligence occurred. (Maryland Courts & Judicial Proceedings Code section 5-109)
Q: What can I do if I am unable to afford to hire a lawyer for my medical malpractice case?
A: Fortunately, you do not have to incur any initial costs in hiring a skilled medical malpractice lawyer from the law firm of Plaxen & Adler, P.A., as we accept cases on contingency. This means that you do not pay any legal fees until we are successful in recovering compensation for you.
Plaxen & Adler, P.A. is a premier medical malpractice law firm serving Maryland clients injured due to a doctor’s negligence. We invite you to call 410.988.4449 or fill out our contact form to schedule a free initial consultation now. Our Maryland medical malpractice attorneys are here to help you recover the compensation you need.