Maryland Medical Malpractice Lawyer
Medical malpractice is defined as: a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would exercise under similar circumstances. As a result of a medical malpractice incident, patients are usually either injured or killed. There are procedures and limits to filing a medical malpractice lawsuit against physicians and surgeons. Particularly, we will briefly explain some of these rules and limitations as it pertains to the state of Maryland. Furthermore, please visit us or contact us and we would love to personally explain these rules and procedures in more detail to help you better understand your legal rights.
In the state of Maryland, there are governing rules that have been applied in medical malpractice suits against physicians and surgeons. For example, these rules have been applied to plaintiff's pleadings in action. Thus, a lawsuit brought against a surgeon or physician for medical malpractice must clearly state the facts of the incident.
In addition to these procedural rules, there are rules that impose a limit for filing a medical malpractice lawsuit. These rules are known as "statute of limitations." For the state of Maryland, the statute of limitations for bringing a medical malpractice lawsuit is three years. This parameter begins to run on the date upon which the alleged negligent act has been first coupled with the harm. There are situations, however; when the patient discovers his or her injury after the statute of limitations has run. In such a situation, the statute of limitations under the three year limitation does not constitute rejection from access to the courts. This rule is widely known as the "discovery rule." Please visit or contact us and we will delightedly explain to you these rules and others in more depth.
Medical malpractice injuries can be divided into different categories. These categories include but are not limited to:
- Birth injuries
- Proscription errors
- Surgical mistakes and amputation errors
- Physician errors and hospital mistakes
Birth injuries may result due to pregnancy complications or natural causes; however, birth injuries may also occur due to negligence actions of medical staff. These injuries may result due to typical errors of obstetricians that include but are not limited to improper use of vacuum or forceps, failure to diagnose birth complication, failure to monitor the baby, medication errors.
The state of Maryland for example has recognized a cause of action for birth injuries when the doctor does not inform the patient about available diagnostic tests which might reveal possibility of neural tube defects of fetus, when these defects are genetically caused, when further diagnostic testing would be required to determine nature and extent of any fetal defects, and when the plaintiff asserts that he or she would have aborted the child had she been made aware of the fetal deformities. Birth injuries include but are not limited to:
- Fetal Distress (Hypoxia)
- Cerebral Palsy
- Erb's Palsy
The cost of lifetime care for a child suffering severe or permanent damages from a birth injury can be enormous. Holding the responsible medical professionals liable and financially accountable for the injury because of their negligence can provide the child with the medical care he or she deserves. Additionally, enforcing liability to the negligent obstetricians and delivery nurses can send a clear message that helps protect other babies and their families and would induce these parties to exercise great care when performing the duties of facilitating child birth. Please visit us or contact us for more information about pursing a birth injury case.
Proscription errors are the most common type of medical malpractice incidents and costs up to 3.5 billion dollars annually. It is estimated that these errors harm more than one million people annually. Furthermore, Medication errors cause 1.5 million preventable Adverse Drug Events (ADE) and lead to 7,000 deaths each year. Proscription errors include but are not limited to:
- Careless errors which could be avoided with thorough investigation of a patient's medical history
- Caution attention to other medications a patient may be taking
- Consideration of potential drug interactions when prescribing drugs
- Clearly written prescriptions
- Clear communication with nurses and others who may administer drugs
In Maryland, this problem is so pervasive that the Maryland Board of Pharmacy has established a "Medication Error Task Force" in an effort to reduce medication errors for the benefit of public health. Please visit us or contact us for more information about pursing a proscription error case.
Surgical errors and amputation errors are medical malpractice incidents can leave victims without their arms or legs. These surgical errors can result in injuries that can be disfiguring, permanently disabling, or fatal. The acts of negligence from surgical errors can result in:
- Wrong site surgery
- Wrong patient surgery
- Amputation of the wrong limb
- Surgical implements left inside a patient's body.
Furthermore, these incidents can leave victims with costly medical bills and a lifetime of pain. Surgical errors can be often attributed to but not limited to physician fatigue, miscommunication between medical professionals, surgeon distraction or inattention, carelessness and lack of planning, and poor decision making under pressure. Please visit us or contact us for more information about pursing a case in this matter.
Physician Error and Hospital Mistakes have the most probability to be prevented if doctors and those responsible for patient's treatment and care in hospitals follow proper procedures. Some of the common causes of physician errors include lack of educational training on new medical devices or technologies, sleep deprivation or fatigue, carelessness, and high patient caseloads. Furthermore, errors may occur if the hospital policies are insufficient to suitably handle staff communications and patient management. For example, these include fragmented or disconnected reporting systems, cost-cutting measures such as high patient to nurse ratios, and poorly designed facilities. Please visit or contact our medical malpractice attorneys in Maryland who can help with malpractice issues in that state.
To recap, medical malpractice occurs when a doctors fails to exercise the degree of reasonable care necessary on a patient such that a doctor of the same medical specialty would exercise under similar circumstances. There are rules and procedures governing the limits of when a plaintiff may file a medical malpractice lawsuit in the state of Maryland. One of the most apparent rules is the "three year rule" limit under the statute of limitations. Furthermore, medical malpractice errors can be divided into different categories. We are devoted to resiliently represent you, help you resolve any issues pertaining to medical malpractice with the least amount of cost and delay to you, and explain in-depth the rules and procedures of filing a medical malpractice suit.