Every medical procedure carries a degree of risk, but, in general, you should be able to trust your doctors to provide the care you need without causing you further harm. However, there are times when a medical professional’s actions are considered negligent and below the standard level of care. When such actions cause further illness or injury for a patient, it can warrant a medical malpractice case.
If you or a loved one suffered at the hands of a negligent doctor, nurse, or healthcare facility, our firm can represent you. A Gaithersburg medical malpractice attorney from Brown & Barron knows how to navigate medical malpractice laws in Maryland, and we can apply this knowledge to your pursuit of damages.
Types of Medical Malpractice Cases We Handle
Medical negligence can occur in several scenarios. The main tenets of these cases include:
- The healthcare provider was responsible for the victim’s care.
- They failed to provide appropriate care as another medical professional in their position reasonably would have.
- These actions caused the patient harm, such as an injury, illness, or worsening symptoms for a preexisting condition.
- The patient suffered physical, financial, and/or emotional damages as a result.
When our team reviews your case, we will look for these components of medical negligence to prove your right to damages. Some of the malpractice cases we’ve been able to secure compensation for involved the following:
Diagnostic errors occur when a patient undergoes a medical evaluation and the treating physician cannot diagnose the disease. A misdiagnosis can rise to negligence when it involves actions like:
- Failing to request a routine screening that would have identified the condition
- Misreading test results
- Ignoring a patient’s symptoms
A misdiagnosis can cause an increase in the patient’s pain, a delay in their recovery, and even death.
Some examples of surgical errors are wrong incisions, leaving medical equipment inside the patient’s body, misadministration of anesthesia, and performing surgery in the wrong area or on the wrong patient.
The person responsible for medication errors can be any element of the medical team, including the:
- Treating physician
Note that a medication error is not the same as an allergic reaction; however, in some cases, an allergy could be considered, such as if the doctor prescribes a medication that is known to react with other prescriptions a patient is taking. For this reason, it is worth consulting a medical malpractice attorney to evaluate your case in Gaithersburg.
Birth Injuries can occur at virtually any time in the fetus’s life, from the gestation period to after delivery. In some cases, the harm may be done directly to the child, or it may be harmed indirectly by failure to follow up on the mother’s health status. This type of medical malpractice leaves indelible marks on the child, such as speech problems, movement problems, or cerebral palsy.
Get in touch with a medical malpractice lawyer serving Gaithersburg, 410-547-0202 for a free case evaluation.
How to Know If You Have a Medical Malpractice Case?
While every medical malpractice case is different, some factors can help to detect them. If you or any of your relatives experienced any of these situations, it is recommended that you go to a medical malpractice lawyer to receive personalized advice if:
- Your child has cerebral palsy after birth.
- You discovered that you have medical material inside your body.
- You had an overdose on a misadministered medication.
- They amputated a healthy limb.
- Your child suffered a fracture at birth due to the use of forceps.
- The doctor failed to diagnose an apparent illness in time.
When Is it Time to Contact a Medical Malpractice Lawyer?
In these ituations, between confusion and desperation, it may not be obvious when it is necessary to call an attorney. While you can seek the help of a medical malpractice lawyer at any time, there are two crucial times when you should seek an attorney:
When the Injury Happens
If you think that your injury resulted from medical error and not the percentage of risk, contacting a medical malpractice attorney will help resolve your case faster. The recovery costs for these errors are high, not counting the costs of subsequent therapies, so seeking the help of a lawyer can prevent you from spending large sums of money and, instead, you can obtain some of it as part of the compensation for the total medical expenses.
When You Discover the Injury
Some injuries are not evident to the naked eye and could even be confused with other ailments. If, after a few years, you discover that you had an injury that resulted from medical malpractice, you can file a lawsuit.
For example, suppose you had surgery, and the doctor left sponges in your body, and after a few years, you discover the injury. In that case, you can get damages even if the injury is not recent if the statute of limitations in the state still allows it.
Gaithersburg Medical Malpractice Statute of Limitations
If you live in Gaithersburg, medical malpractice lawsuits are governed by Maryland state law. Maryland law outlines a statute of limitations for medical malpractice under Maryland Courts & Judicial Proceedings Code Section 5-109. This statute gives you the earlier of either five years to sue from the date of the incident or three years from the date of discovery..
However, there are some exceptions. In the case of birth injuries, in Maryland, this time begins for the child’s claims when the child turns 18 years of age, giving a considerable extension time for fractures, nerve damage, and cerebral palsy.
Compensation for Damages in Medical Malpractice Cases
In medical malpractice lawsuits, the plaintiff’s defense can ask for different types of payment in court. In general, they can be grouped as follows:
- Compensation for economic damages: the plaintiff can request reimbursement of the total medical expenses derived from the injury, such as surgeries, medical treatments, prosthetics, rehabilitation therapy, modifications to the house, lost wages, and any other demonstrable economic damages.
- Compensation for non-economic damages: in addition to economic damage, payment can be requested for psychological injuries, loss of enjoyment of life, pain, suffering, and any other non-accountable consequence that has been derived from medical negligence.
In cases where the health provider caused the death of the patient due to medical negligence, their immediate relatives can file a lawsuit with the prosecution and seek compensation for the damage.
Gaithersburg Medical Malpractice Lawyer
We know that everyone can make mistakes, but an error by the medical staff can cost the patient’s life. If you or one of your family members was injured during a medical procedure due to unprepared medical staff, contact the medical malpractice attorneys at Brown & Barron now.
Request a free evaluation consultation by calling our firm. We will evaluate your case and assign you a medical malpractice attorney who will guide you throughout the legal process. You’re not alone! Our lawyers are ready to help you and answer all your questions.
Contact Brown & Barron online today to schedule a free case review with a with a medical malpractice lawyer serving Gaithersburg.