Baltimore Medical Malpractice Attorney

Understanding Medical Malpractice in Maryland

Medical malpractice refers to the negligence of a medical professional leading to a patient’s injury. Negligence by act or omission can be malpractice. Incorrectly diagnosing a heart problem as an infection would be a negligent act, while forgetting to administer a patient’s anesthesia before surgery would be an omission. In either situation, if it results in your harm, the healthcare professional should be held responsible. 

Common types of medical malpractice cases include:

• Misdiagnosis or delayed diagnosis: This occurs when a healthcare provider fails to correctly diagnose a patient's condition in a timely manner, leading to delayed treatment or incorrect treatment of the actual condition.
• Surgical errors: Surgical malpractice can involve mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary surgery.
• Medication errors: These occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider potential drug interactions, leading to adverse effects or worsening of the patient's condition.
• Birth injuries: Birth-related medical malpractice can occur when healthcare providers fail to respond appropriately to complications during childbirth, resulting in injury to the newborn or mother. Examples include oxygen deprivation leading to brain damage or improper use of forceps or vacuum extractors.
• Anesthesia errors: Anesthesia malpractice can involve administering too much or too little anesthesia, failing to monitor the patient properly during surgery, or not taking proper precautions to prevent complications.
• Failure to obtain informed consent: Patients have the right to be informed about the risks and benefits of medical procedures or treatments before they are performed. Failure to adequately inform patients about these risks can lead to medical malpractice claims if the patient experiences harm.
• Nursing home abuse or neglect: This involves mistreatment or neglect of residents in nursing homes or long-term care facilities, which can include physical abuse, emotional abuse, medication errors, or neglect of basic needs.

What is considered Medical Malpractice?

Every error made by a doctor is not malpractice. There must be specific criteria met. The care you received must be below the standard of care that another doctor in the same area of practice would have provided in a similar situation.

To determine if your medical treatment failed to meet the medical standard of care, another medical expert in a similar area of medicine would need to answer the question of whether he or she would have given the same treatment. If the medical expert would not have provided the same care, you may have a medical malpractice claim. If the doctor indicates that he or she would have done the same thing, your claim may be invalidated. 

How Medical Malpractice Happens

Medical malpractice can take place for multiple reasons. The doctors, nurses, anesthesiologists, or medical facilities entrusted with your care might be undertrained, understaffed, or overtired. Under these circumstances, poor decisions are easily made. There are also times when a medical professional’s outright misconduct leads to a patient’s injury. Medical malpractice can result from:

• Failure to order or act on lab tests
• Applying the wrong treatment 
• Misdiagnosis or delayed diagnosis
• Prematurely discharging the patient 
• Botched surgery 
• Unnecessary operations 
• Incorrect medications prescribed 
• Leaving items inside the patient after surgery
• Forgetting to check on the patient
• Ignoring patient’s symptoms or concerns 

Who is Liable for Medical Malpractice?

Several parties can be held liable for medical malpractice, depending on the circumstances of the case. Here are the main entities that can be held accountable:

• Healthcare providers: This includes doctors, surgeons, nurses, anesthesiologists, dentists, pharmacists, and other medical professionals who directly provide care to patients. If a healthcare provider's actions or negligence cause harm to a patient, they can be held liable for medical malpractice.
• Hospitals and healthcare facilities: Hospitals, clinics, medical centers, and other healthcare facilities can be held liable for medical malpractice if they employ healthcare providers who commit malpractice or if they fail to maintain proper standards of care, such as inadequate staffing or improper maintenance of medical equipment.
• Medical staff: Besides the primary healthcare providers, other staff members in medical facilities, such as nurses, medical assistants, and administrative staff, can also be held liable for medical malpractice if their actions or negligence contribute to patient harm.
• Pharmaceutical companies: Pharmaceutical companies can be held liable for medical malpractice if they manufacture or distribute defective drugs or fail to adequately warn healthcare providers and patients about potential risks associated with their medications.
• Medical device manufacturers: Similarly, manufacturers of medical devices can be held liable for medical malpractice if their products are defective or if they fail to provide adequate instructions for use, leading to patient harm.
• Employers: In some cases, employers of healthcare providers, such as medical practices or healthcare organizations, can be held vicariously liable for the actions of their employees if the malpractice occurred within the scope of employment.

Determining liability in a medical malpractice case can be complex and may require a thorough investigation into the circumstances surrounding the alleged malpractice. It's essential to consult with a qualified attorney who specializes in medical malpractice law to assess the specifics of your case and understand your legal options.

Recover Financial Compensation for Your Losses

Injuries sustained during a hospital visit can be disastrous. They may require additional medical care and force you to miss time at work and with family. At our law firm, it’s our job to consider how your life may be impacted by the careless acts of a medical professional. Some of the damages you may be eligible to recover include:

• Pain and suffering
• Medical expenses 
• Replacement services at home
• Lost wages
• Diminished earning capacity 
• Prescription medication
• Wheelchair or other accessibility equipment 

It’s our priority to pursue fair compensation for all your injuries. We aim to recover damages for every physical, financial, emotional, or psychological loss you’ve endured. There is no cap on economic damages in Maryland, so you are legally entitled to collect as much as you have lost in monetary expenses. In contrast, medical malpractice victims in Baltimore are restricted to claiming up to $860,000 in damages for pain and suffering in 2022. The cap is raised by $15,000 each year. 

Skilled and Compassionate Legal Help in Baltimore, Maryland

If you have been injured due to medical malpractice, a medical malpractice lawyer can help you get the financial compensation needed to recover. Our team of attorneys will be able to provide experienced counsel on medical malpractice law, can assist in reviewing medical records, and can help in negotiating with parties related to medical negligence cases. 

We will work diligently to protect your rights and provide advice about legal remedies that may be available to you in terms of claiming compensation for medical negligence.

However, the Baltimore medical malpractice lawyers at our firm understand that their job isn’t solely about getting you money. It’s about relieving the mental and financial stress of your case. You and your loved ones should be able to focus on your physical and emotional recovery without the burden of a legal battle. 

Our lawyers handle your case with our core beliefs in mind. We work hard to hold the liable party responsible, bring justice to victims, fight for people who do not have a voice, and force the negligent healthcare provider to do better for future patients. To do all of this, our medical malpractice lawyers in Baltimore will: 

• Speak with the defending party and their insurance company
• Compile evidence of medical negligence 
• Collect medical records and important documentation, including conferring with medical experts
• Provide updates on the status of your case
• Investigate your injuries
• File your medical malpractice claim
• Advocate for your interests in negotiations 
• Manage administrative tasks like phone calls and paperwork

Contact Brown & Barron online today to schedule a free case review with a with a medical malpractice lawyer serving Baltimore.