Medical complications and needless pain and suffering that arise because of negligent conduct at a hospital or doctor’s office can be devastating. Navigating a medical malpractice claim is complex and requires a capable and skilled attorney to ensure the proper steps are taken. The experienced attorneys at Krum, Gergely & Oates, LLC can help you determine liability and help you file your claim and lawsuit.
Medical malpractice is a cause of action that can be filed if the medical treatment you received fell below the acceptable standard of care and then resulted in you being harmed. Some common examples of medical malpractice include, but are not limited to, the harm suffered because of misdiagnosis or delayed diagnosis, error during surgery, or medical product liability.
In Maryland, a medical doctor must sign off on a medical malpractice case for the case to move forward. This is set out in the Maryland Code, Courts & Judicial Proceedings, section 3-2C-02. Within 90 days of filing a medical malpractice case, the plaintiff must file a “certificate of a qualified expert.” This qualified medical expert must swear under oath that he or she finds that the medical provider at issue violated the applicable medical standard of care and that the violation led to the plaintiff’s injury.
Maryland has specific laws that govern when a medical malpractice case must be brought. These laws are known as “statute of limitations.” Maryland Code, Courts & Judicial Proceedings, section 5-109 states that a medical malpractice case must be filed:
within 5 years of the time the injury was committed, or
within 3 years of the date, the injury was discovered, whichever comes first.
Maryland had separate rules that govern when a medical malpractice suit must be filed if the injured party is under 11, 16, and 18 years old:
If the injured party is under 11 years old, the statute of limitations “countdown” begins when the child reaches the age of 11
If the injured party is under 16 years old and suffered harm to the reproductive system or injury from a foreign object, the statute of limitations “countdown” begins when the child reaches the age of 16
If the injured party is under mental disability or under 18 years old, the statute of limitation typically will be 3 years from the date the mental disability ends, or the person reaches 18 years old. See Maryland Code Courts & Judicial Proceedings, Section 5-201.
If a medical malpractice claim is filed after the statute of limitations deadline has passed, you may be completely barred from any recovery. It is therefore critical to act promptly in seeking legal assistance in pursuing a medical malpractice claim.
The monetary award available in a medical malpractice claim varies. Recovery exists for economic and non-economic damages. In addition, in Maryland, there is a cap (limit) on the amount of financial recovery for non-economic damages (e.g. pain and suffering) that arise from the medical injury. The cap is set by Maryland Code, Courts & Judicial Proceedings, section 3-2C-09, and increases in designated increments each year. There is a separate cap for medical malpractice cases that result in wrongful death where there are two or more claimants. It is critical to have the assistance of an experienced attorney to negotiate and present arguments in court on your behalf to maximize the financial recovery you deserve after an unwarranted medical catastrophe.