MARYLAND MEDICAL MALPRACTICE
Medical Malpractice - commonly referred to as med mal or medical negligence - occurs in Maryland when a healthcare provider causes injuries to a person as a result of their negligent actions. A healthcare provider is generally considered negligent in a Maryland medical malpractice case if they acted against the accepted medical standard of care followed by other similarly qualified healthcare professionals. Common types of actions that may lead to a Maryland medical malpractice claim include:
If you believe you have been injured by a healthcare provider in Maryland it is beneficial to speak with a Maryland medical malpractice attorney as soon as possible.
Who Can Commit Malpractice In Maryland?
In Maryland, any "healthcare provider" can commit medical malpractice. A "healthcare provider" in Maryland means a person or organization licensed or authorized to provide one or more health care services in Maryland. Examples include a hospital, a medical day care center, a hospice care program, an assisted living program, a physician, an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, a licensed certified social worker-clinical, or a physical therapist. If you have questions or are confused about who is a healthcare provider, you should speak with a Maryland med mal attorney.
Maryland Medical Malpractice Statutes of Limitation
If you have suffered an injury from a healthcare provider in Maryland, you must file your medical malpractice claim within a certain time period after the injury occurred, otherwise you will not be able to file the claim. You must file a medical malpractice action for damages against a healthcare provider in Maryland within the earlier of:
If the injured party in Maryland was under the age of 11 years at the time the medical malpractice injury was committed, the time limitations stated above does not start until the injured party reaches the age of 11 years. It is important to discuss the time limitations of your case with a medical malpractice lawyer, as any lengthy delay in filing may be detrimental to your case.
Damages Limitations On Maryland Medical Malpractice Claims
The State of Maryland limits medical malpractice noneconomic damages (usually mostly pain and suffering damages) in which the cause of action arises on or after July 1, 1986 and before October 1, 1994, to an award not exceeding $350,000.
Any action for damages for personal injury or wrongful death in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000, but will increase by $15,000 on October 1 of each year beginning on October 1, 1995. Thus, as of October 1, 2010, damages for a medical malpractice claim in Maryland may not exceed a recovery of approximately $740,000.
In Maryland, noneconomic damages do not include punitive damages, so punitive damages may be awarded without limit to punish the party responsible for the injuries where punitive damages are warranted. It is important to discuss potential medical malpractice recoveries with a Maryland medical malpractice lawyer.
How To File A Maryland Medical Malpractice Claim
If you believe that a healthcare provider in Maryland has caused you harm, you should speak with a Maryland medical malpractice attorney. Medical malpractice cases can be very technical and highly complicated involving medical expert witnesses, depositions, and large insurance companies who hire teams of lawyers to defend the healthcare providers. Claims in a medical malpractice case are often filed against several defendants from doctors and nurses to hospitals and manufacturers of medical equipment. An experienced Maryland medical malpractice lawyer will be able to properly file your case in court without mistakes that may cause your case to be dismissed. Since medical malpractice claims can be lengthy, expensive, and complicated it is important to hire an experienced Maryland med mal attorney.
Maryland Annotated Code