Leonardtown Medical Malpractice Attorney: Helping Those Who Suffered as a Result of Negligent Healthcare
Medical malpractice occurs when a doctor, nurse, or other health care professional or institution fails to provide adequate care and thereby causes harm. In these situations, it can be difficult to identify exactly what went wrong. An experienced Leonardtown medical malpractice attorney will be able to analyze the facts and circumstances of your case to identify the cause of the harm you have suffered and whether it rises to the level of filing a lawsuit.
Maryland Medical Malpractice Claims Require Knowledge and Experience
While medical malpractice is a type of negligence, it is far more complex than the typical negligence claim. This is because there is rarely any guarantee of success when it comes to medical treatment. There can also be harmful side effects.
In order for your medical malpractice claim to be successful, you need to be able to demonstrate that the treatment provided was below the standard of care that applies in your case. As part of this analysis, you must consider the training and experience of the physician, the age and general physical health of the patient, the nature of the medical condition, and a variety of other factors. In order to prove your case, you will likely have to rely upon expert testimony to prove that the treatment provided did not comply with the standard of care. For these reasons, medical malpractice claims can be almost impossible for non-lawyers to pursue. If you believe that you are the victim of medical malpractice, you should discuss your case with a Leonardtown medical malpractice attorney before taking any action.
Where Medical Malpractice Can Occur
Medical malpractice cases arise from a variety of contexts beyond a careless physician who makes a mistake. For example:
- ER Negligence – Even though these are high-pressure, fast-paced environments, physicians and hospitals are still held to professional standards. Misdiagnoses are common, which can lead to serious health problems. A Leonardtown medical malpractice attorney will be able to evaluate your case and determine whether malpractice occurred.
- Hospital negligence – Hospitals have a legal obligation to ensure that physicians, nurses, and other staff have adequate supervision and the resources they need. They can also be held liable for lab or testing errors, as well as errors that occur with medications dispensed by their pharmacy.
- Pharmacy errors – Pharmacies can also be held liable for medication errors. Dispensing the wrong medication or the wrong dosage can result in serious health problems and dangerous side effects.
Of course, medical malpractice can also include surgical errors, misdiagnoses, prescribing the wrong medications, or failing to review the patient’s medical records.
Our Leonardtown Medical Malpractice Lawyers Break Down Maryland Rules for Malpractice Claims
Filing a medical malpractice claim in Maryland is government by Maryland Code Annotated Courts and Judicial proceedings Section 3-2A-04 (6) (4). Under this statute, medical malpractice lawyers must file a Certificate of Qualified Expert with the Director of the Health Care Alternative Dispute Resolution Office within 90 days from the date of the complaint.
The Certificate of Qualified Expert must contain an opinion from a qualified physician stating the physician has reviewed the plaintiff’s medical records and that, in the physician’s opinion, the defendant(s) were more likely than not negligent in treating the plaintiff. The Certificate must state the specific injury complained of, the alleged breach of standard of case, what the defendant doctor or doctors should have done to meet the standard of care, and must infer that the defendant doctor(s) breach of standard of care proximately caused the plaintiff’s injuries.
Defendant physicians in Maryland medical malpractice claims must also file Certificates from Qualified Experts indicating that they either complied with the standard of care of that the alleged breach did not cause the plaintiff’s injury.
Arbitration is no longer mandatory; it can be waived for medical malpractice claims, so you can proceed directly to court after filing your Certificate. If both parties agree to try arbitration the arbitrators will decide whether the health care professional has any liability, and will also create an itemized list of damages.
Either party can reject the arbitration and by doing so does involve some risk that your Leonardtown medical malpractice attorney will explain. All findings made by the arbitration panel are taken into consideration by the judge or jury and are deemed to be accurate unless the judge rules otherwise. Furthermore, if you reject the arbitration panel’s findings and then lose in court, you will be forced to pay the opposing sides cases.
Call Leonardtown Medical Malpractice Attorney Thomas E. Pyles Today
If you are suffering health problems as a result of medical malpractice, you need a determined advocate on your side who knows how to get results. At the Law Offices of Thomas E. Pyles, we have the knowledge and skill to get you fair compensation, backed by over 30 years of experience. To schedule a free consultation, call us today at 301-705-5006 or contact us online to discuss your case and how we can help.