Miller & Zois represents patients and their loved ones who have been injured by the negligence of their health care providers. We litigate the following types of medical malpractice cases:
- Claims of cancer misdiagnosis
- ER and hospital malpractice
- Surgical errors (cut and severed nerves, ducts (often during gallbladder surgery), vessels or bowels, anesthesia mistakes, and infections),
- Birth mistakes (cerebral palsy, brachial plexus/erbs palsy, shoulder dystocia)
- Nursing home negligence
- Prescription errors
- Getting it wrong: Failure to diagnose
- Gentamicin Poisoning
- Endoscopic Retrograde Cholangiopancreatography (ERCP) Lawsuits
What is the Medical Malpractice Law in Maryland?
Steps to File a Lawsuit
Maryland has complex laws on health care mistakes. 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 2013 chart with the applicable limits on damages in Maryland cases, click here.
For samples of Maryland medical malpractice pleadings and discovery click here.
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.