When you seek treatment from a health care provider, you want to believe
that you are in good hands. Unfortunately, mistakes like surgical errors
or misdiagnoses can result in devastating consequences for a patient.
If you or someone in your family has been the victim of medical negligence,
you may be able to take legal action against any party that was responsible.
This area of law is complex, and it is important to seek the advice of
a lawyer who is familiar with it. At Wais, Vogelstein, Forman & Offutt, our
medical malpractice attorneys are devoted to asserting the rights of injured Baltimore residents. Many
of our cases involve seeking compensation on behalf of children and their
families who have been harmed because of mistakes during the delivery process.
Assert Your Rights through a Medical Malpractice Claim
Medical professionals are held to a standard of care that is specific to
their profession and specialty. They must not merely act in a way that
is reasonable under the circumstances but must take as many precautions
as another health care provider in the same specialty would have used
when facing a certain situation. A failure to meet this standard may constitute
malpractice if an individual is injured and forced to incur costs and
losses as a result. For example, a physician may operate on the wrong
area of the body, leaving a patient in an even worse condition than before
the procedure. In another situation, an anesthesiologist may use an inappropriate
type of medication during childbirth, inflicting permanent harm on both
the mother and child.
Unfortunately, birth injury claims and other incidents of malpractice involving
children happen all too often. Harm often results from a lack of oxygen
or bleeding within the skull or brain. This can lead to irreversible brain
damage and conditions such as cerebral palsy, Erb’s palsy, or brain cooling.
These conditions can have a number of causes, some of which can stem from
a physician’s negligence. If a physician is found to be negligent,
he or she may be liable for damages.
Maryland has a cap on certain types of compensation that are available
to a victim or family who prevails in a medical malpractice lawsuit. A
cap is a limit on the amount of compensation that an injured party can
recover. For instance, Maryland currently caps non-economic damages at
$725,000. These types of compensation often include pain and suffering,
emotional distress, loss of enjoyment, and other subjective harm resulting
from the medical negligence. It is important to be aware, however, that
there is no cap on the amount of economic damages that a patient or family
can receive from a defendant that is found liable. Economic damages often
include medical expenses, lost income and benefits, lost earning capacity,
and the costs of future treatment.
Medical malpractice claims must be brought within the applicable statute
of limitations. This rule refers to the time limit within which a lawsuit
can be filed. In Maryland, medical malpractice actions must be filed within
five years from the date of when the harm occurred or three years from
when it was discovered, whichever is earlier. A wrongful death action
that arises from a tragic loss of life must be filed by the victim’s
family within three years from the date of their loved one’s death.
Consult a Baltimore Birth Injury Attorney to Pursue Legal Action
If you have been the victim of negligence by a health care provider, it
is important to seek the help of a qualified attorney who understands
the nuances of this area of law. At Wais, Vogelstein, Forman & Offutt, our
birth injury lawyers assist individuals and families in Prince George’s County
and beyond with pursuing compensation from those who have harmed them.
We are proud to offer compassionate and aggressive representation to people
throughout Maryland who are coping with devastating injuries.
Contact us online or call us at (410) 567-0800 to schedule a free consultation.