Leading Medical Malpractice Lawyers

Maryland Medical Malpractice Examples  

Medical malpractice cases cover a diverse range of injuries. Our top-rated medical malpractice law firm has extensive experience handling the following types of medical mistakes and errors:

Surgical Mistakes

Surgical malpractice is one of the most common types of medical malpractice. Surgical procedures are complex, and doctors and other medical professionals can be held liable for your injuries if they commit errors while performing surgeries. The following are some of the common committed by medical professionals during surgery: 

• Failing to monitor a patient’s vital signs
• Surgeons operating on a patient without a surgical plan
• Internal organs are damaged during surgery
• Surgeons performing surgery on the wrong body part
• Surgical staff failing to use sterilized surgical instruments
• Surgeons leaving surgical instruments inside body cavities

Failure to Diagnose and Delayed Diagnosis 

Our malpractice injury lawyers have seen a significant number of delayed diagnoses and failure to diagnose cases. Not only can healthcare providers be held accountable when they fail to diagnose or give delayed diagnoses, but when they misdiagnose patients, as well. 

An inaccurate diagnosis may occur when the physician fails to analyze test results in the proper manner or ignores test results and does not notify the patient of particular risks they face due to their diagnosis. For example, you may have grounds for a medical malpractice claim if your healthcare provider misdiagnosed cancer or failed to diagnose you with cancer even though your medical records and test results indicated tumors or other abnormalities that should have been evaluated further.

Medication Errors 

Your malpractice injury lawyer should have considerable experience handling medication errors. Physicians can prescribe the wrong medication or prescribe a drug for a medical condition that is not listed on the label, known as “off-label use”. 

Physicians may prescribe medication for an inappropriate dosage or fail to take into consideration drug interactions that could ultimately cause a patient to suffer Serious side effects such as internal bleeding, inflammation, tremors, headaches, dizziness, or even death.

Anesthesia Mistakes

Our malpractice injury attorneys find anesthesia mistakes are inexcusable. Anesthesiologists and other healthcare providers can be held accountable when they:

• Fail to monitor patients under anesthesia
• Delay anesthesia delivery
• Administer the wrong type of anesthesia
• Improperly intubate patients
• Use defective anesthesia equipment or medical devices
• Fail to recognize adverse drug interactions

Birth Injuries 

Your malpractice injury attorney should have considerable experience handling birth injury claims. These can affect not only newborns but maternal parents as well. Some of the most common types of birth injuries our malpractice team handles include:

• Caput succedaneum
• Facial paralysis
• Forceps injuries
• Shoulder dystocia
• Cerebral palsy
• Erb’s palsy
• Cephalohematoma
• Nerve damage
• Traumatic brain injury
• Pelvic floor prolapse
• Uterine prolapse 
• Hypoxic-ischemic encephalopathy
• Fetal macrosomia
• Preeclampsia
• Infant jaundice

The Parties Which May Be Liable In a Medical Malpractice Case 

Medical malpractice cases are complex, and oftentimes multiple defendants will be named in a medical malpractice lawsuit. Malpractice injury law firms should be prepared to take legal action against one or more of the following parties: 

• Hospital staff 
• Nursing aides 
• Dentists 
• Psychiatrists and psychologists 
• Walk-in clinics 
• Pediatricians
• Pharmacists 
• Paramedics 
• Surgeons
• Out-patient facilities 
• Obstetricians
• Midwives
• Hospitals 
• Nurses 
• Anesthesiologists
• Physicians 

Maryland Statute of Limitations on Medical Malpractice Claims

The statute of limitations for medical malpractice claims in Maryland is five years from the date of the injury or three years from the date the injury became known to the patient, whichever is earlier. Many victims of medical malpractice may not be aware that they suffered injuries. For example, if a medical sponge was left inside a patient after surgery, it may be weeks or months before the patient begins to exhibit symptoms which would cause them to seek medical treatment. 

Alternatively, many victims may not realize they received a misdiagnosis until they begin to suffer symptoms which causes them to seek a second medical opinion from another physician. It is often a different physician who informs the patient that they were misdiagnosed by their previous doctor. Your malpractice injury law firm will analyze your medical records and the circumstances of your case to determine when the statute of limitations will expire and how much longer you have to file your claim. With our team handling your medical malpractice case, you can rest easier knowing your claim will be filed before time runs out.

Maryland Law Requires a Certificate of Qualified Expert in Medical Malpractice Cases 

One of the most difficult aspects of medical malpractice cases is retaining expert witnesses who will testify regarding the breach of the standard care committed by the physician or healthcare provider who caused your injuries. Medical professionals often do not want to testify against their fellow healthcare providers, so it may be necessary to retain an expert witness from out of state who can assist you and your attorney. 

Your medical malpractice lawyer will be able to determine which expert witnesses are necessary for your case. Typically, the use of medical experts will be based on the type of injuries you suffered and the type of medicine your physician practices. For example, an orthopedic surgeon may need to be retained as an expert witness if your injuries are due to medical malpractice committed by an orthopedic surgeon. 

Therefore, you need to be prepared to have an expert witness interview you regarding your medical treatment and your interactions with the healthcare provider named as a defendant in your case. These expert witnesses will then sign a certificate of a qualified expert, which will be submitted with your medical malpractice claim. Without certification of medical malpractice by an expert, the court system may refuse to hear your case.

Medical Professionals Rely On Malpractice Insurance Coverage 

You will need to understand the nature of the scope of any insurance coverage possessed by the physician who is named as a defendant in your medical malpractice case. Many hospitals also employ physicians as independent contractors, and it is necessary to determine the exact employee-employer relationship that existed at the time of your injuries. Many hospitals do not want to be at risk for liability when they employ surgeons and other medical professionals, so they will categorize them as independent contractors rather than employees. 

Understanding medical malpractice insurance coverage is also necessary for your medical malpractice case. Malpractice insurance policies are complex. It can be difficult to understand the exact scope of the medical malpractice coverage if you do not have a skilled attorney assisting you with analyzing the contents of these insurance policies. 

Medical Malpractice Insurance May Not Be Enough to Fully Cover Your Damages 

Unfortunately, malpractice insurance coverage is often insufficient. Patients have the right to be fully repaid for their damages when they are victimized by medical malpractice. Malpractice insurance coverage may only cover your medical expenses, ongoing medical treatment, and perhaps compensation for your loss of income. 

However, it may not be enough to cover the total value of your economic and non-economic damages. When this happens, we may need to bring your medical malpractice case to trial. Examples of the damages you can recoup as part of your medical malpractice lawsuit include:

• Emotional distress
• Diminished quality of life
• Loss of future potential earnings
• Pain and suffering
• Loss of employee benefits
• Loss of household services
• Embarrassing skin scarring
• Permanent disability
• Loss of consortium
• Personal property damages

Punitive damages could also be awarded in your medical malpractice case. Punitive damages are typically reserved for gross negligence or intentional malice, which applies more often than you might think in medical malpractice claims. You should never plan to be awarded punitive damages, but if the judge and jury issue a punitive damages award in your case, it could dramatically increase the total value of your settlement.

Obtaining Medical Treatment While a Medical Malpractice Case is Ongoing 

The best thing you can do after your medical malpractice case resolves is to seek out medical treatment with another provider. The probability that you will again be the victim of medical malpractice is relatively low. Physicians are trained to care about their patients and to be extremely thorough when they perform medical procedures. If you have anxiety or depression associated with your experiences, then you can seek out a mental health counselor or psychiatrist who can help you regain your sense of confidence and security. 

Medical malpractice can make patients feel as if they are no longer safe around medical professionals. Although doctors are not infallible, they are trained to uphold the standards of their profession, and it is helpful to keep in mind that doctors do not want to intentionally harm their patients. Physicians who intentionally harm patients face criminal prosecution and conviction, which will lead to the renovation of their medical license. 

Children May Suffer Injuries Due to Medical Malpractice 

If your child suffered injuries during a surgical procedure or while they were under the care of a physician, then you need to speak to a knowledgeable medical malpractice attorney in Maryland who can help you determine how to assert claims on behalf of your child. Many children are intimidated by legal proceedings, and it is helpful if you work with a medical malpractice attorney to keep children relaxed and calm during the course of a medical malpractice lawsuit. 

Psychologists and counselors are able to assist children with the stresses of being involved in court cases. Sometimes children do not understand what is happening around them, and this can cause them to experience stress, anxiety, and depression. Therefore it is recommended that you work with a mental health professional during the course of a medical malpractice case to make sure children feel safe and protected. 

Costs of Hiring a Medical Malpractice Attorney in Maryland

The majority of medical malpractice attorneys work on a contingency fee basis. If you retain a medical malpractice attorney, then you will not have to pay for legal representation until the resolution of your case. The attorney will work on your case for months or years, and then, at the end of the case, the attorney will receive payment for their services. If the attorney does not obtain a settlement or judgment on your behalf, then you will not have to pay any fees to the medical malpractice attorney. 

These arrangements incentivize medical malpractice attorneys to represent their clients zealously and to do everything within their power to help clients seek financial compensation for their injuries. Therefore, you do not have to worry about going into debt to pay for a medical malpractice attorney. Plaintiffs do not have to pay out-of-pocket for legal representation, and doctors who commit medical malpractice will be reprimanded rather than permitted to continue practicing medicine and harming other patients. These policies exist to promote the well-being of the greatest number of members of society. 

Once your case settles, or once a civil judgment is entered, your medical malpractice will deduct a fee from the total amount, which is the attorney’s compensation for handling your medical malpractice case. Once the funds are placed in the medical malpractice attorneys’ trust account, the funds will be transferred to your bank account or a trust upon request. 

Reach Out To The Jaklitsch Law Group Today to Schedule a Free Consultation 

Suffering a serious injury or illness while you are under the care of a physician can be demoralizing. If you want to learn more about seeking monetary compensation for your injuries and holding negligent or irresponsible healthcare providers accountable for their recklessness, contact us today. 

Our medical malpractice attorneys understand how to handle negligence cases, and it is our goal to ensure you feel heard after the trauma of your experience. If you have questions about your legal rights and medical malpractice in general, do not hesitate to reach out to us to schedule a free consultation by filling out our quick contact form or calling our office today.