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Failure to Diagnose and Misdiagnosis Cases Making a Medical Malpractice Claim


Making a Medical Malpractice Claim

To successfully bring a case for Medical Malpractice in Maryland, it must be established that:

  1. The applicable standard of care was violated; and
  2. The patient was injured by the violation.

The Maryland Malpractice Act covers claims against health care providers for medical injuries caused by a breach by the health care provider of the duty to comply with the relevant standard of care to exercise professional expertise or skill in rendering health care.

In order to prove that there was a breach of the standard of care in a Medical Malpractice case, the breach of the standard of care must be shown by expert testimony, except where the medical negligence alleged is so obvious in nature that the jury can understand the breach of the standard of care without the explanation of an expert.

Some patients or their families are hesitant to file a Medical Malpractice claim against their Doctor because they do not want to hurt their Doctor or the Doctor’s practice. It is important to know that Doctors do not pay for the claims themselves.

Doctors are required to carry insurance specifically for any medical malpractice claims. The Insurance Company pays the claim, not the Doctor.

A claim for damages for injuries arising out of the rendering of professional services by a health care provider or failure to render professional services by a health care provider must be filed within the earlier of:

  1. Five (5) years from the date the injury was committed; or
  2. Three (3) years of the date the injury was discovered.

If a claim is not filed within that time period, it is forever barred, meaning it can never be brought.

In Maryland, compensation for the injuries caused by medical negligence includes an award of both economic damages and non-economic damages.

Economic damages include medical expenses and lost wages from any loss of earnings. Non-economic damages include pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium (which means the loss of society, affection, assistance, and conjugal fellowship, and includes the loss or impairment of sexual relations), and other non-monetary injury.

If the medical malpractice caused the death of the patient, the Non-economic damages for wrongful death include mental anguish, emotional pain and suffering, loss of companionship, loss of society, loss of comfort, loss of protection, loss of care which includes marital care, parental care, filial (son or daughter) care, loss of attention, loss of advice, loss of counsel, training, guidance, or education, and other non-economic damages under Maryland law, Courts and Judicial Proceedings, § 11-108.

As part of the verdict in any action for damages for personal injury or for wrongful death, the Jury or Trier of Fact must itemize the award to reflect the monetary amount intended for each of the following damages: (1) Past medical expenses;(2) Future medical expenses;(3) Past loss of earnings;(4) Future loss of earnings;(5) Non-economic damages; and (6) Other damages.

Medical Malpractice cases in Maryland are complicated and have many nuances which can affect whether you may recover for the injuries and losses caused by the medical provider’s negligence.

My Firm knows and understands the dynamics of these cases and is well-versed in the many aspects of these types of medical negligence cases. My Firm handles these cases throughout Maryland, including Baltimore County, Baltimore City, Prince George’s County, Carroll County, Anne Arundel County, Montgomery County, Howard County, Frederick County, and Harford County and will provide the level of expertise and sensitivity that is needed to handle these types of cases properly.

To get more information about whether you have a medical malpractice case, call us directly at 443-279-2027, complete the Contact box on the left side of this page, or email us directly.

You can also protect your case by reading my Free Medical Malpractice Fact Book.