Our Maryland medical malpractice lawyers represent victims of medical negligence and their families in malpractice lawsuits brought against their doctors, hospitals, and nursing homes. Our attorneys have helped our law firm's clients earn tens of millions of dollars in settlements and verdicts in medical malpractice cases.
Have you or someone you love been harmed or killed by a medical mistake in the Baltimore-Washington area? If so, you should be looking for the best Maryland medical malpractice lawyers who have a history of success. Because you may be entitled to bring a claim to recover financial compensation for your loss, including medical bills, lost income, and, most importantly, for pain and suffering damages.
Call us right now at 800-553-8082 to find out if we can help you. The call is confidential and free. You can also fill out this brief claim review form. Learn more about your options and what our Maryland malpractice attorneys may be able to do to bring you justice for the harm that has been done.
While most of our lawsuits against doctors and nurses claims end in a settlement, we are more than willing to take deserving cases to a jury. Last year, in 2019, we delivered over $12 million to our client in malpractice settlements and verdicts. The year before, we tried two medical malpractice cases, winning both cases that totaled $2 million. The combined offer to settle those cases before trial was $200,000. Our last medical malpractice victory in Baltimore City was for $10 million. The year before we earned a $5.2 million verdict, also in Baltimore.
Miller & Zois stands apart from other malpractice law firms because we have the experience, resources, and skills to win these cases -- and the past results to prove it. We make sure the days when a Maryland doctor can bury their mistakes are in the past.
Our last malpractice trial in P.G. County lead to a $5.5 million verdict. A few years ago, our client was awarded $1.5 million in a case in Baltimore County where the insurance company refused to make any settlement offer at all. We followed that up a few months later with a $10 million jury award against the University of Maryland Medical Systems. In 2013, a jury awarded our client $5.5 million in Prince George's County. Make no mistake. The best medical malpractice lawyers in Maryland are the ones that consistently obtain great jury awards for their clients.
The top medical malpractice lawyers take cases to trial. We do. These jury results get attention. Far more quietly, we are delivering even greater results for our clients in confidential settlements in cases few will hear about. Because the vast majority of our medical malpractice cases settle successfully before trial. In 2019, we have already recovered over $10 million for our clients in Maryland cases. What you can expect from us - and what our past and present clients will tell you - is that if we take your case, we will fight for you with every weapon we have.
There are not many Maryland malpractice law firms that have achieved the results for their clients that Miller & Zois has. One reason we win so many of these cases: we only take a claim to trial if we are 100% convinced the doctor made a mistake and the injuries are the result of medical errors. Our attorneys have no problem taking on a tough case. But our team has to honestly believe in the claim before we will accept the claim.
The take-home message for you? If you are looking for a malpractice lawyer to fight for you, Miller & Zois has a real history of success with insurance companies and hospitals throughout Maryland. We will put that experience to work for you.
If we think you can win, we will help you. There is no fee or cost to you if we do not get a recovery for you. Let's talk about your case and let's see together what we can do for you. Call 800-553-8082 or get a free online consultation.
Medical malpractice occurs anytime a doctor, hospital or healthcare provider acts in a negligent manner and that negligent act directly results in injury or death to the patient. A healthcare provider acts in a negligent manner if they deviate from professional standards of care.
For medical malpractice cases that actually go to trial, plaintiffs’ only win about 21% of the time. However, at least 70% of malpractice cases get resolved in pre-trial settlement. This means that around 3 out of every 4 plaintiffs who file a medical malpractice case, end up getting money.
The national average for payout in a medical malpractice lawsuit is around $250,000. This includes both settlements and verdicts. The average settlement value for a medical malpractice case in Maryland (particularly in Baltimore) is significantly higher than the national average.
In Maryland, the statute of limitations on a claim for medical malpractice is 3 years. The 3 year period begins to run from the date that the plaintiff discovered (or should have discovered) the injury resulting from the malpractice. See Md. Code Ann., Cts. & Jud. Proc. § 5-109. There are several exceptions to this 3-year rule. For example, if the plaintiff is a minor at the time of the injury, they will have until their 21st birthday to file a malpractice claim.
A claim of medical malpractice must be proven by presenting expert opinion testimony from other doctors. The plaintiff in a medical malpractice case needs to find another doctor that is willing to testify that the defendant was negligent and breached the standard of medical care.
Our big goal online is to provide real answers to suffering innocent victims and their families. For victims of medical malpractice in Maryland, our frequently asked questions is a good place to start. We explain how we proceed with your case from the moment you call our law firm. We also provide information on the potential value of your claim.Proving Medical Malpractice Claims
Under Maryland law, medical negligence occurs when a doctor, nurse or other health care professional injures a patient with negligent or inappropriate medical care. The consequences of medical malpractice can literally be life-altering. If an accountant or other professional provides negligent services it typically just costs you money. If a doctor or hospital provides poor medical care, however, it can result in permanent physical injuries and sometimes death. In many cases, the harm caused by healthcare providers neglect can never be undone. Instead, our legal system offers victims of medical malpractice financial compensation.
Doctors and hospitals are not in the habit of admitting that they committed malpractice. If you want financial compensation for malpractice injuries you will need to show that you are legally entitled to it. To have a valid medical malpractice lawsuit in Maryland, you need to be able to prove 2 things:
- the doctor’s care deviated from accepted medical standards or practices; and
- this deviation from standard medical practices actually caused your injury.
Establishing each of these elements is a complex and expensive process that evolves over the course of the litigation. For starters, the plaintiff needs another doctor to act as an expert witness. In fact, Maryland medical malpractice law requires all lawsuit are supported by a qualified expert opinion confirming that the case has merit. This is called a certificate of merit.
Getting an opinion from another doctor that your case is valid is just the first step and does not guarantee success. The defendants will present their own expert who will say that the doctors did nothing wrong and your claims have no merit.Common Types of Medical Malpractice
Medical malpractice regularly occurs in all medical fields and clinical settings from the operating room of a major hospital to the exam table of your family doctor or urgent care facility. The specific nature of the negligent medical care can also come in an endless variety of forms. However, there are certain types of medical mishaps that most frequently result in lawsuits. Below is a summary of some of the more common categories of medical malpractice.Diagnosis Errors
Diagnostic malpractice includes misdiagnosis and failure to diagnose, which often overlap. Accurately diagnosing your medical problem is one of the most important things a doctor does. When a health care provider fails to diagnose a condition or incorrectly diagnosis it as something else, it results in incorrect or delayed treatment which can cause significant harm. This is why misdiagnosis, failure to diagnose, and delayed diagnosis are the most common type of healthcare provider negligence claims. Delay in diagnosis of cancer, specifically breast cancer and colon cancer, is the most common type of diagnostic malpractice claim.Birth Injuries
Birth injuries like cerebral palsy give rise to a large number of medical malpractice cases against OB/GYNs and hospitals. The reason for this is simple: a large percentage of all birth injuries are the direct result of medical negligence during labor and delivery. This is because there are a number of obstetric complications that often occur before or during childbirth that must be resolved in a very short window of time. Common examples of pregnancy and delivery complications include: shoulder dystocia; placental abruption; uterine rupture; fetal macrosomia; umbilical cord prolapse and general delays in labor and delivery.
These complications are well known and OB/GYNs are trained to respond to them. A skilled, experienced doctor and delivery team should be able to handle these complications and deliver the baby without serious injury or death. Poor communication and rushed decision making by the medical staff often results in injury.
The most common type of birth-injury malpractice occurs when doctors fail to perform a timely emergency C-section in response to signs of fetal distress. Another common type of birth injury claim involves negligent misuse of birth assistance tools such as obstetrical forceps and vacuum pump extractors.
Sadly medical mistakes during childbirth often have the most devastating consequences of any type of medical mistake. Most delivery error suits involve damage to the baby’s brain as a result of prolonged oxygen deprivation. There are several well-known brain injuries that are almost exclusively caused by medical negligence during delivery: Cerebral palsy, Erbs Palsy, and HIE.Surgical Errors
Surgical negligence includes any type of mistake or medical negligence related to a surgical procedure or post-operative care. When performing medical procedures, surgeons (and supporting doctors and staff) are held to the same standard of care required of all doctors. A surgeon must perform each surgery with the skill and care reasonably employed by other surgeons under similar circumstances.
Surgical errors happen more often than people think. One recent report estimated that 10% of post-surgical deaths are the result of preventable medical error. Some common types of surgical malpractice include:
- Gallbladder removal surgery
- Wrong site surgery
- Anesthesia errors
- Surgical infections
- Gastric bypass surgery
- Endoscopic retrograde cholangiopancreatography (ERCP)
- Laparoscopic intestinal surgery
Hospitals are legally obligated to ensure a certain level of care for all patients. This means hospitals can be directly liable if they fail to deliver the proper level of care resulting in severe injury or death. Moreover, hospitals are vicariously liable for the actions of their employees such as nurses, technicians and sometimes doctors. Anytime a mistake causes injury at a hospital, there is a very good chance that the hospital will have some liability in addition to the doctor. (see also Emergency Room Malpractice)
From a plaintiff’s perspective, hospitals are more favorable defendants than medical professionals. There are several reasons why it’s sometimes easier to go after a hospital for malpractice. First, juries tend to hold individual doctors in high esteem and give them the benefit of the doubt. The same is not true for hospitals. Juries are much more willing to lay blame on hospitals as opposed to individual doctors. Another reason hospitals make better malpractice defendants is because they are more likely to settle cases. Hospitals are businesses and they will settle cases to protect their image and keep allegations of malpractice out of the news.Medication Errors
Medication errors involve administering or prescribing incorrect medication and related forms of medication related negligence. Claims based on medication errors can be brought against doctors, pharmacies, and other healthcare professionals involving in the prescribing and administration of drugs. Below is a list of the types of medication errors that frequently result in viable claims:
- Wrong Drug Combination: in these cases a patient is injured when they take 2 prescription medications that dangerously interact with each other. Both the prescribing doctors and the pharmacies involved can be liable in this situation.
- Incorrect Medication: in these cases the doctors, nurses or pharmacies are supposed to give a specific drug to a patient but make a mistake and end up administering a totally different drug. When this sort of mistake results in injury to the patient a clear claim for malpractice exists.
- Side-Effect Injuries: when doctors prescribe medication they are supposed to be aware of the potential side-effects of a drug. Prescribing doctors also have a duty to ensure that the risk of the medication do not outweigh its benefits. When a patient is injured by medication side-effects they may have an action against the doctor.
Nursing homes and assisted living facilities are licensed health care providers and can be sued for their mistakes just like hospitals and doctors. Lawsuits against nursing homes usually involve some type of neglect. These facilities are notorious for being chronically understaffed and elderly residents fail to get the care and attention they are medically entitled to. Nursing home neglect commonly leads to injuries such as bed sores, falls, malnutrition or dehydration and other health problems which can often prove fatal for elderly patients.
Some nursing home lawsuits involve mental or physical abuse of residents by staff. This can include assault and battery, excessive use of physical restraints, sexual abuse, over medication, and other types of improper and abusive mistreatment.Overview of Medical Malpractice Claims
The question in every medical negligence case is whether the hospital or doctor's failure to exercise the degree of care that a physician or surgeon of the same medical specialty would use under similar circumstances and, if so, whether it caused injury to the patient.
These are two separate questions. We review your case to determine whether our Maryland medical malpractice attorneys believe a medical error may have been the cause of the patient's injuries or death. If we believe medical negligence may have been the cause, our attorneys take the investigation of your claim to the next level. We consult with the best medical doctors - qualified medical experts who specialize in the field of medicine for your particular case - in Maryland and around the country to determine if your case can be successfully pursued.
Health care errors that cause injuries and death are serious problems in Maryland. The statistics are mind-numbing. Our hospitals and doctors need to do better.
Certainly, it is unlikely that your doctors will raise the "Did I commit malpractice?" issue with you. One study found that only thirty percent of victims were informed that a mistake may have been made. Most plaintiffs' attorneys who see handle these claims regularly like we do would call that number high.
This culture of silence that extends both to the doctor that made the error and your subsequent doctors who suspect negligence caused your injuries. Every year people walk away from millions of claims because they just assumed it was one of those things that is no one's fault (or they hired the wrong lawyer to investigate their claim). If we agree to investigate your case, we will examine your claim and let you know whether we believe a doctor's breach of the standard of care hurt you or killed someone you loved.
- This video explains the 7 steps of a Maryland malpractice lawsuit
Our team prides itself on our client-focused approach to health care mistake cases. We believe success is both getting results and building quality relationships with our clients. Our attorneys and our entire team work closely with you to get the highest and best results we possibly can in every case.
Our firm is based in Baltimore and over half of the cases we handle are in this area. But we are not just Baltimore malpractice lawyers. We have earned literally tens of millions of dollars for clients in verdicts and settlements in Washington suburbs like Prince George's County, Montgomery County, and Frederick County. We even have obtained multiple seven-figure resolutions of cases outside of Maryland. Our focus outside of Maryland is primarily birth injury claims.
We do not charge an hourly fee. We handle all claims on a contingency fee basis. You pay nothing unless we win by recovering money damages for you, in your claim. Because we put our heart and soul into each case, we are selective about the cases we accept so that we can devote the time, resources and attention that each client requires and deserves.Free Maryland Claim Evaluation
Miller & Zois is the Baltimore firm that many judges, lawyers, and doctors have turned to after a catastrophic injury or wrongful death due to a medical provider's mistake. Why? First, our results speak volumes. We have gotten these results because our we know how these cases work. We know the medicine. We have year of experience and the tenacity to put you in a position to get the top settlement or jury award at trial.
If you live in the Baltimore-Washington area and believe you or a family member has been a victim of a doctor or nurse's mistake, you have come to the right place. You need the most compassionate and best lawyers who will fight to get you the best possible result.
Let us put our years of experience handling these case to work for you. You need legal advice and action to guide you through this. Our attorneys will review the facts and medicine in your case, consult with the top medical experts, and tell you what your legal rights are and help you chart the best path forward win the compensation you deserve. Call Miller & Zois at 800-553-8082 or get a free online case review.