Maryland Medical Malpractice Frequently Asked Questions
How do I know if I have a medical malpractice claim?
Medical malpractice is where a medical doctor or other health care provider failed to meet the standard of good medical practice in the area in which the medical professional practices. In other words, the health care provider failed to do what a reasonable health care provider would have done under the same circumstances. If malpractice occurred, the health care provider will be liable for any resulting damages that are the direct cause of the malpractice.
In other words, for a successful personal injury medical malpractice case in Maryland your lawyer must prove two elements. First, an act of medical malpractice (negligence) by a health care provider, usually a doctor, nurse, or hospital. Second, the injury must be the direct result of the above act of medical malpractice. There can be medical malpractice without injury where the health care provider did something wrong but you were not actually injured as a result.
What is required before a medical malpractice lawyer can file suit on my behalf?
Maryland's Health Care Malpractice Claims Statute requires that a medical malpractice lawyer filing a claim in a Maryland Circuit Court must first file a claim with the Director of the Maryland Health Claims Arbitration Office. Within 90 days of filing a medical malpractice claim with the Maryland Health Claims Arbitration Office, your malpractice attorney must file a certificate of merit from a qualified expert who has recent experience in the relevant field attesting to failure to meet the standard of care and that the breach was the proximate cause of your injuries. This rule does not apply to informed consent claims.
Is a medical doctor required to testify in a medical malpractice case in Maryland?
In almost every medical malpractice case in Maryland, medical experts are required to establish the standard of care in the medical community for treating a patient who presented in a similar fashion as the medical malpractice plaintiff. The doctor must also testify in a medical malpractice claim in Maryland that there is a greater than 50% likelihood the plaintiff's injuries would not have occurred if their doctor had not committed medical malpractice. Accordingly, before our medical malpractice attorneys file your case, our attorneys consult with medical doctors who are willing to offer their opinions as to whether he or she believes that medical malpractice has occurred. Because many Maryland doctors are unwilling to give medical malpractice opinions for attorneys in Maryland cases, as they regularly work with the doctors who are suspected of medical malpractice, our lawyers are often required to go outside of Maryland to find impartial doctors who are willing to work with medical malpractice attorneys in offering their opinions on the care and treatment provided.
My medical doctor knows I'm thinking of bringing a medical malpractice lawsuit? Should I be concerned that the doctor will alter or amend my medical records?
It is unlikely although it happens occasionally. Most doctors who commit medical malpractice are not dishonest people or even bad doctors. For whatever reason, they made a mistake. This is why almost every Maryland doctor has medical malpractice insurance. If doctors do "alter" medical records when they fear a medical malpractice claim, the alteration usually comes in the form of the entry they make on the medical records in the first instance as opposed to altering it after the fact. Moreover, it is often difficult for doctors to change medical records because the information may be in several different records and can be cross-checked. So while records alternations are rare, our lawyers are always aware of the possibility. Accordingly, we look for inconsistencies in the records that indicate an alteration.
It has taken me over a year to build up the nerve to confer with a lawyer about what happened to me. Am I running out of time to file a medical malpractice lawsuit in Maryland against my doctor?
The statute of limitations in medical malpractice cases in Maryland is five years from the time the malpractice was committed or three years from the date the injury was discovered, whichever is shorter. For more details on the Maryland statute of limitations in medical malpractice cases and the relevant Maryland statute, click here. If you are hesitant to bring a medical malpractice action against your doctor you are not alone. Studies show that in most serious medical malpractice cases, the patient, or the patient's family in wrongful death cases, does not bring malpractice action against the negligent doctor.
I signed an informed consent form? Can I still bring a medical malpractice action?
Yes. While this form may limit your ability to bring an informed consent case to some degree, your understanding of the risks involved does not mean that you cannot bring a medical malpractice claim against a negligent doctor if he/she fails to perform according to acceptable levels of care.
If a procedure was not successful, is that malpractice?
In the vast majority of cases, a bad outcome does not mean the doctor commmitted medical malpractice. Doctors cannot guarantee outcomes. The question is whether the outcome would have been different if the doctor exercised the ordinary standard of care. To succeed in a medical malpractice case in Maryland, the Plaintiff's attorney must show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.
How do I get my medical records?
In Maryland, a patient has a legal right to obtain copies of his/her medical records. If the patient wants to review them, or have their lawyer review them, the health care provider can charge an amount specified by Maryland statute for the copies. In most cases, our medical malpractice lawyers will get your medical records for you if we agree to investigate your case.
What is cerebral palsy?
Cerebral palsy is an umbrella term to describe a functional disorder caused by damage to the brain during pregnancy, delivery, or shortly after birth. The disorder is caused by faulty development of or damage to motor areas in the brain that disrupt the brain's ability to control the body's movements or posture. In some people, cerebral palsy is barely noticeable. Others will be more severely affected. The cause of cerebral palsy is sometimes linked with lack of oxygen during birth as the result of medical malpractice.
What is Erb's Palsy?
Erb's palsy (also called Brachial Plexus palsy) is a birth injury that is caused by trauma to the unborn child. Children who suffer from Erb's plasy often suffer loss of control and/or sensation in their neck, shoulders, arm and hands.
Erb's palsy can be caused by medical malpractice, usually during the delivery of the baby. What often happens is that the child's shoulder gets stuck under the mother's pubic bone following the delivery of the head. Sometimes, the delivering doctor will panic and will apply excessive force on the baby to dislodge the shoulder. When this happens, damage may occur to the nerve bundles located in the shoulder region causing Erb's palsy.