Medical Malpractice Attorney in Maryland

When you seek medical help, you have a right to trust that you will receive treatment that meets an accepted standard of care. But if the provider fails in that duty and injures you, you could have grounds for a medical malpractice claim in Maryland. However, medical negligence claims are notoriously difficult to pursue without the help of an experienced attorney. Talk to Trollinger Law LLC.

Our award-winning legal team represents clients in medical malpractice cases throughout Southern Maryland. We know how to investigate these complex claims, establish the medical provider’s negligence, negotiate with insurers, and present a compelling case in court if needed. Contact us today for a free consultation with a compassionate medical malpractice attorney.

What is Medical Malpractice?

When you receive treatment from a medical professional, you are entitled to the same level of care that another provider of similar training and experience would give in similar circumstances. A healthcare provider who fails to provide the expected standard of care or treatment may have engaged in medical malpractice.

Medical malpractice results from negligence that injures a patient. It could occur through an inappropriate action or a failure to act. You deserve compensation if you suffered physical, financial, or emotional losses due to a medical professional’s negligence.

Types of Medical Malpractice Claims

Medical malpractice claims arise from a variety of circumstances, including:

Misdiagnosis: Patients can suffer life-threatening harm when a doctor makes an incorrect diagnosis. However, a misdiagnosis is not automatic grounds for a medical malpractice claim. Even skilled physicians make diagnostic errors when evaluating the potential cause of a health condition. A medical malpractice lawyer can determine whether the doctor used reasonable care when assessing differential diagnoses.
Surgical errors: Medical malpractice also occurs when a provider makes a mistake during surgery, such as performing the wrong procedure or leaving a foreign object in the patient’s body.
Birth injuries: Failure to adequately manage a pregnancy or delivery can cause harm to the baby, the mother, or both patients. Birth injuries can be severe, leading to lifelong issues for the child and even death.
Medication errors: Treatment for many medical conditions requires that medication be accurately prescribed, dosed, and monitored. A doctor may engage in malpractice by prescribing a medication a patient is allergic to or failing to monitor them for adverse side effects. Alternatively, a pharmacist could be negligent by filling the wrong prescription or making a similar error.
Delayed diagnosis or treatment: A medical professional who fails to diagnose or treat a life-threatening condition like cancer could allow that condition to worsen, with potentially fatal results.

Who Can Be Held Responsible for Medical Malpractice?

Several parties may be held responsible for a medical malpractice injury, including:

Medical professionals: Any medical provider who behaves negligently or fails to act to the accepted standard of care could be liable for malpractice. These medical professionals include physicians, surgeons, anesthesiologists, nurses, pharmacists, and others.
Hospitals: If the malpractice occurred at a hospital, the facility might be liable for the actions of its employee.
Laboratories: An imaging center, blood testing facility, or diagnostic laboratory can be held liable for its failure to follow accepted standards regarding the handling or testing of samples.

If several parties share the fault for your injuries, they may each be responsible for a portion of your overall compensation. Maryland allows at-fault parties to be held jointly and severally liable, meaning every at-fault party is financially responsible for the entire verdict, even if they only share a portion of the blame. This statute benefits the medical malpractice victim because if one at-fault party can’t pay, they could still recover the full amount of damages from another liable party.

It’s important to note that identifying defendants in a medical malpractice claim can be challenging. A knowledgeable medical malpractice attorney can ensure every liable party is held accountable for their part in causing your injury.

What Are the Requirements for Filing a Medical Malpractice Claim in Maryland?

If you wish to file a medical malpractice claim in Maryland, you must first provide a certificate of a qualified expert. An accepted medical expert must state your healthcare provider’s actions were below the standard of care, resulting in your injury.

What Are the Four Ds for a Medical Malpractice Suit?

The “Four Ds” of a medical malpractice lawsuit are the elements you must prove for your case to be successful. They are:

Duty of care: You must establish the medical professional had an obligation to provide you with reasonable and competent care as a patient.
Deviation from duty: Next, you need evidence that the medical professional deviated from their duty by failing to provide you with reasonable care.
Damages: The facts must show you suffered measurable losses due to the malpractice.
Direct cause: Finally, you must prove the injuries you suffered directly resulted from the provider’s deviation of duty.

Solid evidence is crucial to prove negligence. An experienced medical malpractice attorney can help gather and organize the medical records and documents you need to establish a strong case against the practitioner responsible for your injuries.

Statute of Limitations on Maryland Medical Malpractice Lawsuits

Maryland’s statute of limitations sets a deadline for filing a medical malpractice lawsuit. You have five years from the date of your injury or three years from the date you reasonably should have discovered your injury, whichever is earlier. Certain circumstances may extend this deadline.

Failing to bring a medical malpractice lawsuit within the required timeframe may bar you from recovering compensation for your injuries. An attorney can review the facts of your case and determine when you need to bring the medical malpractice lawsuit to preserve your legal rights.

Recoverable Compensation in Medical Malpractice

A successful medical malpractice claim could provide you with compensation for:

Past and future medical expenses
Lost wages
Reduced earning capacity
Pain and suffering
Mental anguish

If you’re like most clients, you’re probably wondering, “How much are most medical malpractice settlements?” According to a long-running study published in the Journal of the American Medical Association, the average paid medical malpractice claim over a recent five-year window was $353,473. However, each case is different and subject to its own set of unique circumstances. An attorney can provide a reasonable estimate of the value of your case, but results are never guaranteed.

How a Medical Malpractice Attorney Can Help

A medical malpractice attorney help pursue your claim by:

Listening to your story and evaluating the facts
Conducting a detailed investigation to determine whether malpractice occurred
Gathering evidence
Consulting with expert witnesses
Filing all legal paperwork for you before the statute of limitations expires
Negotiating with insurance companies for a full and fair settlement
Representing you at trial, if necessary

Victim of Medical Malpractice in Maryland? Contact Trollinger Law LLC for Help

At Trollinger Law, LLC, we are committed to making the legal process as stress-free as possible for you.

If you were hurt by a medical professional’s negligence, contact us today to speak with a medical malpractice lawyer in Maryland.