Maryland Malpractice Lawyer
- Medical Malpractice Frequently Asked Questions
Answer to many Maryland medical malpractice victim questions - Settlement and Trial Values of Medical Malpractice Case
Verdict studies to give you some indication of what your medical malpractice case may be worth in Maryland and around the country - Medical Malpractice Recovery Rates for Surgical Negligence and Improper Medication
Information on how plaintiffs fare in surgical negligence cases - Requirements for Certificate of Merit in Maryland Malpractice Cases
What is required to bring a medical malpractice action in Maryland - Informed Consent in Maryland
What is necessary to bring an informed consent case in Maryland - Medical Malpractice Claims in Maryland for Missed Diagnosis of Heart Attacks
Why health care providers often miss the signs and symptoms of a heart attack - Maryland Medical Malpractice Statute of Limitations
Details about the nuances of Maryland statute of limitations in medical malpractice cases - Birth Injuries Generally
Issues involved in birth injury cases such as cerebral palsy, brachial plexus palsy, erbs palsy, shoulder dystocia - More on Medical Malpractice Cases in Maryland
Maryland Lawyer Blog on malpractice - More on Medical Malpractice Cases in Maryland
Maryland Injury Lawyer Blog on malpractice
The medical malpractice attorneys at Miller & Zois represent patients and their loved ones who have been injured by the negligence of their health care providers. Our Maryland malpractice lawyers litigate the following types of medical malpractice cases:
- Cancer misdiagnosis
- Hosptial malpractice
- Surgical errors
- Birth injury (cerebral palsy, brachial plexus/erbs palsy, shoulder dystocia)
- Nursing home negligence
- Prescription errors
- Failure to diagnose
What is the Medical Malpractice law in Maryland?
Steps to File a Lawsuit
Maryland has complex laws on medical malpractice claims. There are a number of steps that must be timely and properly fulfilled even before a malpractice claim is filed. For example, a patient must file a Statement of Claim before the Health Claims Alternative Dispute Resolution Office, and must include a verified certificate of merit and report from an expert. After filing those documents, most litigants then proceed to file their claim in Maryland courts.
Deadline to File a Lawsuit
Maryland also has a deadline to file a lawsuit, known as a statute of limitations. The deadline is the shorter of (a) three years from reasonable discovery of the injury; or (b) five years from the date the injury was committed. In most cases, where negligence and injury is obvious, an injured patient will have three years from the date of that negligence. However, in some cases, such as cancer misdiagnosis, determining the deadline to file suit can be more complicated and may require expert testimony. For that reason, it is best to immediately investigate whether you have a claim.
Limits on Damages
The amount of non-economic damages in Maryland has been limited by the legislature in response to calls for tort reform. These limits do a tremendous disservice to injured patients and their family. Non-economic damages are monetary judgments for physical pain and suffering, mental anguish, inconvenience, physical impairment, disfigurement, embarrassment, and the effect injuries have on a victim’s overall physical and mental well-being. The limits on these damages are based on the year of the negligence. For example, non-economic damages for negligence occurring in 2009 is limited to $665,000 (or, $831,250 for a wrongful death case with multiple survivors). Compare that to the limit on non-economic damages in non-medical malpractice cases, which is limited to $725,000 (or, $1,812,500 for a wrongful death case with multiple survivors).
To see a chart with the applicable limits on damages in Maryland cases, click here.
Sample Documents
For samples of Maryland medical malpractice pleadings and discovery our malpractice lawyers have collected from the malpractice lawsuits we have handled, click here.
Contact Us
Miller and Zois has lawyers licensed to practice law in Maryland, the District of Columbia, Pennsylvania, Georgia and Minnesota. In addition, we frequently obtain permission of the court to practice in other states. If you believe that you or a loved one has been a victim of medical negligence, click here to speak with a Maryland medical malpractice lawyer and our lawyers will be happy to discuss your case with you over the phone (800-553-8082), in person or by e-mail.
