Medical Malpractice FAQ
Medical malpractice is a complex and often-intimidating type of law. We place a lot of trust in medical providers to not only care for our health, but to be competent and put forth their best effort in doing so. If you think you have a medical malpractice case, you probably have several questions about your situation. You’re not alone, in fact as Baltimore medical malpractice attorneys we see several common questions across a wide variety of clients we talk to.
Here are the answers to just a few of them.
What is medical malpractice?
Medical malpractice is any situation in which a medical care or treatment from a provider is negligent, causing injury, illness, or even death because of a mistake that they should have reasonably been able to avoid. Doctors, hospitals, nurses, chiropractors, therapists, specialists, and any other medical treatment provider may be held accountable for medical malpractice.
Have I been the victim of medical malpractice?
This can only be answered for sure by talking to a Baltimore medical malpractice lawyer about the exact circumstances of your case. No two cases are alike, so there’s no easy cookie-cutter way to answer this question. However, if you or a loved one has suffered severe injury, worsening condition, acquired a new illness, or even suffered a fatal accident after being treated by a medical provider, and the condition is directly related to the treatment they received from that provider, you more than likely have grounds for a medical malpractice case.
Who can I sue for medical malpractice?
Any medical provider is eligible. This can include solo practitioners, health organizations, corporations, and even hospitals where a person works. Solo practitioners who work at a hospital can be sued directly, but a hospital is responsible for those it chooses to keep on staff, such as staff doctors and nurses.
What is a “standard of care?”
“Standard of care” is an expected method for treating a particular injury, illness, or disease that’s established according to research and proven results. Failing to follow that proven procedure or method, either intentionally or accidentally, is negligence and a breach of the “standard of care” duty that medical providers legally have.
I signed a consent form before my procedure. Can I still recover damages?
Yes. The document you signed before undergoing your procedure was just a disclosure of the risks associated with it. It was not a liability release for your doctor—they can still be negligent if they breach their standard of care requirement. So even though you may be injured as a result of a known risk, your doctor’s negligence can still give you grounds to sue them for malpractice.
How much is my case worth?
This is another one of those questions where the answer isn’t always straightforward; it depends largely on the circumstances of your case. Generally, damages you can recover are additional medical treatment, lost income from missed work, pain and suffering, loss of companionship, and much more. To learn more about what that may amount to, speak with an attorney who can help you make this determination more accurately.
How long do I have to file my case?
Maryland laws restrict the amount of time you have to file your malpractice lawsuit. You have either three years from the date you discovered your injury or five years from the date the injury occurred, whichever comes earlier. For example, if a doctor operates on your knee and you discover they made a mistake upon re-injuring it four years later, you would still qualify to file for medical malpractice because you’re within the five-year time limit from the date the mistake which caused your injury occurred.
Do I need a lawyer?
Medical malpractice law is complex and hospitals are armed with substantial legal teams who do everything they can to protect their employers. It’s vital to make sure you approach your case with the assistance of an experienced and proven representative of your own who can help you stand up for your rights and hold the institution accountable.Call Brown & Barron, LLC today at (410) 698-1717 to request a case evaluation!