Other Medical Malpractice

Trust our over 100 years of collective experience to help you seek compensation and justice for injuries caused by a medical professional’s errors or negligence. Contact The Jaklitsch Law Group today.


Injured By Medical Malpractice? Let Our Experienced Lawyers Help

When you seek medical care, you expect to be healed, not harmed by your treatment. To help protect patients, medical professionals take an oath to “do no harm,” and must provide treatment to an accepted standard of care for your condition. Failure to do this may harm the patient and result in grounds for a medical malpractice lawsuit.

If you or a loved one was injured by medical malpractice, speak to a medical malpractice lawyer in Maryland as soon as possible. Medical malpractice claims are legally complicated and it can take a long time to uncover the extent of the damage and sift through the evidence. At The Jaklitsch Law Group, our team has represented thousands of Maryland residents harmed by medical malpractice throughout our 90 years of collective experience. If you think you have suffered injuries due to a medical professional’s errors or negligence, contact our firm today.

Common Types Of Medical Malpractice

Any type of medical procedure, if not performed to the appropriate standard of care, can become a potential medical malpractice case. Some of the most common types of medical malpractice include:

  • Birth injuries either during pregnancy, labor or immediately following delivery;
  • Failed, delayed, and inappropriate diagnoses;
  • Misdiagnosis and inappropriate or life-threatening treatment for a non-existent condition;
  • Hospital errors;
  • Defective medical equipment;
  • Surgical errors, including instruments left inside the body or having the wrong body part operated on;
  • Prescription medication errors;
  • Failure to properly treat;
  • Hospital-acquired infections and post-surgical infections;
  • Anesthesia errors; and
  • Medical record errors.


This is not an exhaustive list, and any of these can lead to serious harm to the patient. When facing a medical procedure or treatment, you are especially vulnerable. If you are mistreated or harmed during your care, it can lead to a lifetime of consequences.

What Is Medical Malpractice In Maryland?

Legally speaking, medical malpractice refers to a healthcare professional’s failure to provide the standard of care and exercise the skill that other healthcare professionals in a similar practice would exercise in similar situations. Medical malpractice law is designed to hold medical professionals accountable when they fail to adhere to or provide appropriate standards of care. These standards can apply to both providers and facilities.

For instance, you might have a medical malpractice claim in Maryland if the healthcare professional that treated you failed to order ordinary tests, like ordering an x-ray if they suspected your arm was broken. Standards of care are the accepted procedures and practices medical professionals use when treating a particular disease or disorder. In this case, ordering an x-ray would be considered the standard of care when diagnosing and treating a suspected broken arm.

Differences Between Medical Malpractice and Medical Negligence

Medical malpractice is generally considered a type of negligence. Medical negligence could give rise to a malpractice claim if the negligence was the direct cause of the harm that the patient should be compensated for. If a doctor misdiagnoses a patient with a bacterial infection, prescribes antibiotics, and the infection goes away – even though the infection was viral, the antibiotics did nothing, and the infection cleared on its own – the doctor may have been negligent in their misdiagnosis. However, the medical negligence did not rise to the level of malpractice because no harm came to the patient.

Medical malpractice refers specifically to the breach of the standard of care by a medical professional, resulting directly in harm to the patient. In the case of medical malpractice, this negligence can involve an act or omission and must represent a diversion from the accepted standard of medical care that causes direct harm to the patient.

What Are The Requirements For A Medical Malpractice Claim In Maryland?

Medical Malpractice Claims

For your medical malpractice case to be considered valid in Maryland, it must meet two requirements. First, medical malpractice or negligence must be perpetrated by a hospital, nurse, doctor, or other health care provider. Second, this act of medical malpractice must have directly resulted in injury, death, disability or pain and suffering.

Speak to a Maryland medical malpractice lawyer as soon as possible to learn more about filing a claim. In certain circumstances, claimants have won Maryland medical malpractice suits even before experiencing detrimental results from medical malpractice.
Legal Theory of Negligence

Successful medical malpractice claims in Maryland are founded on the legal doctrine of negligence. A successful negligence suit has four elements: duty, breach, causation, and damages. A typical lawsuit will demonstrate that a duty of care was owed to the patient; the physician violated that duty of care; the physician’s violation was the direct cause of the plaintiff’s injuries; and the plaintiff’s injuries caused actual damages.

What Is The Statute Of Limitations On Medical Malpractice?

Patients have only a limited amount of time to file medical malpractice suits in Maryland. The statute of limitations is either five years from the date that the malpractice incident occurred or three years from the date that the injury or error was discovered.
Time is of the essence in filing your lawsuit, especially if you ask yourself, “How long does a medical malpractice lawsuit take?” Given the amount of time it takes to request medical records and gather evidence even before a lawsuit can be filed, it is extremely important to speak with a Maryland medical malpractice lawyer as soon as you suspect you may have been the victim of a healthcare professional’s negligent acts.

Average Medical Malpractice Settlement

Medical malpractice settlements are highly fact-specific. If your injuries only caused you $100 worth of damages, you may be compensated for only that amount. Some injuries come with very expensive medical bills and ongoing treatment, plus lost wages and lost opportunities. An experienced Maryland medical malpractice lawyer can help you navigate what your settlement can look like.

Speak With A Maryland Medical Malpractice Lawyer Today

If you have been the victim of medical malpractice in Upper Marlboro, MD, or Annapolis, MD, contact the Jaklitsch Law Group. We will do everything we can to fight for your rights. We understand that you have been through a terrible ordeal, and we will do whatever we can to guide you through the process. Call or email us for more information or to schedule an initial consultation.

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