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Medical Malpractice

Baltimore Medical Malpractice Attorney

Doctors have a duty to provide a particular standard of care. When they fail to live up to that duty (or standard), their patients may suffer devastating consequences. Infections, illnesses, and amputated limbs are just some of the injuries a patient may experience as a result of medical malpractice. In the worst cases, patients may lose their lives.

If you or someone you know was harmed due to the medical negligence of a physician, nurse, or healthcare facility, you may be able to recover financial compensation. This can make all the difference as you and your family work to rebuild and move on. These cases are highly contested and complex, however, so you will need a powerful legal team.

A Baltimore medical malpractice attorney at Brown & Barron can help you fight for what you deserve. Our firm is committed to holding healthcare professionals and facilities accountable for failing to provide the standard of care their patients need. We’ll get to know the details of your case and answer your questions through a free case review.

Call (410) 698-1717 or contact us online today to request a free consultation and learn how we can help.

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Medical Malpractice in Baltimore, 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. Understanding the legal ramifications involves grasping Maryland-specific laws and precedents that define what constitutes malpractice.

Common types of medical malpractice cases in Maryland 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. Victims may suffer prolonged illness and aggravation of existing health problems.
  • 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. These incidents can result in severe complications and the need for additional surgeries.
  • Medication Errors: These occur when a healthcare provider prescribes the wrong medication, or the wrong dosage, or fails to consider potential drug interactions, leading to adverse effects or worsening of the patient’s condition. Such errors can lead to significant health setbacks and potentially life-threatening situations.
  • 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. Such incidents can have lifelong impacts on the affected child and family.
  • 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. Consequences can range from minor health issues to permanent disability or even death.
  • 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. Understanding these rights is critical for patient safety and informed decision-making.
  • 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. Families should remain vigilant about the care their loved ones receive.

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. This determination involves comparing the questioned practice with widely accepted medical practices and procedures.

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. Understanding these evaluations is essential for assessing your situation properly.

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. Reporting and documenting these instances can aid in prevention and accountability in healthcare settings.

Here are some examples of how medical malpractice can occur: 

  • 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 scenario. Recognizing these parties is crucial for pursuing accountability and driving improvements in standard care.

Here are the main entities that can be held accountable:

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