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Frequently Asked Questions
The best way is to speak with an experienced lawyer who can help determine whether a violation of the standard of care occurred. Medical malpractice cases are often complex and difficult, and determining whether medical negligence occurred often requires an in-depth investigation from not only a good lawyer, but also a qualified expert/doctor as well.
The timeline for a personal injury case in Maryland varies based on factors such as the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate a settlement. Cases that settle out of court may be resolved more quickly, while those that go to trial can take months or even years to conclude.
Determining the value of a medical malpractice case involves numerous objective and subjective factors. The total value of a medical malpractice case depends on the economic and non-economic damages sustained. Economic damages refers to compensation for objectively verifiable monetary losses, including past and future medical expenses, loss of past and futures earning, household service and more. Non-economic damages cover the subjective pain and suffering of the patient, as well as other types of harm that are challenging to measure.
In sum, every case is different. Schedule a free consultation with one of our award-winning attorneys today to learn about the value of your case.
Catastrophic injury cases in Maryland can be complex due to the severe and long-lasting impact of the injuries on the victim’s life. Here’s a simplified explanation of the complexities and how a qualified lawyer can help:
- Proving liability: Catastrophic injury cases may involve multiple parties, and establishing who is responsible can be challenging. A qualified lawyer can investigate the accident, gather evidence, and build a strong case to prove the other party’s liability.
- High medical expenses: Catastrophic injuries often require extensive medical treatment, ongoing care, and rehabilitation. A lawyer can help ensure you receive compensation for these costs, including future expenses related to your injury. Your lawyer can also negotiate healthcare liens to ensure you do not owe any money out-of-pocket to your treatment providers.
- Calculating damages: Estimating the value of a catastrophic injury case is difficult due to factors like future medical needs, long-term care, and potential loss of earning capacity. A lawyer can consult with medical and financial experts to accurately calculate these damages.
- Life care planning: A qualified lawyer can work with experts to create a life care plan that outlines the ongoing care and support you will need due to your injuries, helping to ensure you receive appropriate compensation.
- Maryland’s contributory negligence law: As any degree of fault on your part can prevent you from recovering damages, a lawyer can help build a strong case to show you were not at fault, increasing your chances of receiving compensation.
- Negotiating settlements: Insurance companies may try to minimize payouts in catastrophic injury cases. A lawyer can negotiate on your behalf, ensuring you receive a fair settlement.
- Trial representation: If your case goes to trial, a qualified lawyer can effectively present your case to a jury, increasing your chances of receiving the compensation you deserve.
In short, the complexities of catastrophic injury cases in Maryland make it crucial to have a qualified lawyer who can navigate the legal system, accurately assess damages, and advocate for your best interests.
Here are some reasons why it’s important to hire an attorney:
- Increased chance of success: Hiring a personal injury attorney can increase your chances of successfully recovering compensation, as they have the skills and experience necessary to build a strong case on your behalf.
- Insurance companies only care about the bottom line: Insurance companies are known to take advantage of injured parties who do not have legal representation, seeking to protect their own bottom line at the expense of the victim’s well-being. Unrepresented claimants may be unaware of their rights or the true value of their claims, making them more susceptible to lowball settlement offers. Insurance companies may employ tactics designed to minimize or deny claims, capitalizing on the injured party’s lack of knowledge and resources, including their inability to adequately prove their case. This underscores the importance of hiring a personal injury lawyer to level the playing field, ensuring that injured parties receive fair compensation for their damages.
- Negotiation skills: Insurance companies often have skilled negotiators working on their behalf, and they may try to minimize or deny your claim. A personal injury attorney has the negotiation skills to advocate for your best interests and negotiate a fair settlement with the insurance company.
- Proper evaluation of damages: An experienced personal injury attorney can accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other relevant factors. This can ensure that you receive appropriate compensation for your injuries.
- Legal expertise: Personal injury attorneys have extensive knowledge of the law and experience in handling similar cases. They can advise you on your legal rights and responsibilities and help you understand the intricacies of your case.
- Procedural knowledge: Personal injury cases involve various legal procedures, such as filing a lawsuit, obtaining evidence, and presenting arguments in court. An attorney can guide you through these processes, helping to ensure that your case is handled efficiently and in compliance with applicable laws and regulations.
- Contingency fee arrangements: Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. This arrangement can make legal representation more accessible, as you do not have to pay upfront fees or hourly rates.
- Trial representation: If your case goes to trial, a personal injury attorney can represent you in court, presenting your case effectively and arguing persuasively on your behalf.
- Peace of mind: Dealing with a personal injury can be stressful and time-consuming. Hiring an attorney allows you to focus on your recovery while they handle the legal aspects of your case, providing you with peace of mind.
While it is possible to handle a personal injury case on your own, enlisting the help of an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.
Misdiagnosis, or delayed diagnosis, is one of the most common types of malpractice. Errors during surgical procedures are common as well, such as leaving foreign objects in the patient’s body, cutting or perforating surrounding organs, or negligently administering/monitoring anesthesia.
Birth injuries are another tragic example of malpractice, which occur when healthcare professionals cause preventable harm to a mother or her newborn during pregnancy or childbirth. A few examples of birth injuries include brain damage, spinal cord injuries, cerebral palsy, and skull fracture.
In simple terms, Maryland’s contributory negligence law states that if you are involved in an accident and are even slightly responsible for it (as little as 1% at fault), you cannot receive any money or compensation from the other person involved, even if they were mostly at fault. This law is very strict, making it important for those injured in accidents to prove they had no role in causing their injuries to recover any damages. The effect of contributory negligence highlights the importance of hiring a qualified personal injury lawyer to help with your case.
Medical malpractice occurs when a medical provider, such as a doctor, surgeon, assistant, or hospital, provides treatment to a patient which falls below the recognized standard of care,
resulting in injury to the patient.
When determining the value of a personal injury case in Maryland, several factors are considered:
- Medical expenses: The cost of medical treatment, including past and future expenses, is a major factor in calculating the case’s value. This can include doctor visits, hospital stays, surgeries, medications, and rehabilitation.
- Lost wages: If you miss work due to your injuries, you may be entitled to compensation for lost wages. This can include both past and future income loss.
- Pain and suffering: This refers to the physical and emotional distress you experience as a result of your injuries. It’s more subjective and can vary greatly between cases.
- Property damage: If your property was damaged in the accident, such as a vehicle or personal items, the cost of repairing or replacing those items can be included in the case value.
- Impact on daily life: Injuries may affect your ability to perform daily tasks or participate in activities you used to enjoy. This impact on your quality of life can be considered in the case’s value.
- Permanent disability or disfigurement: If your injuries result in long-term or permanent disability, disfigurement, or scarring, this can increase the value of your case.
- Strength of liability: The stronger the evidence that shows the other party’s fault, the more likely you are to receive a higher compensation.
Keep in mind that Maryland’s contributory negligence law can significantly impact the value of a personal injury case, as any degree of fault on the part of the injured person can prevent them from recovering any damages. Also, it is important to note that most of these factors are not fully developed at the beginning of a case. As a result, the true value of a case often is not clear at the very start.
Often, responsibility for medical negligence does not fall solely on the doctor. Any licensed
medical provider can be held responsible for medical malpractice, including:
- Hospitals and staff