If you or a loved one suffered harm due to a healthcare provider’s negligence, you might feel unsure about how to seek justice. At Schochor, Staton, Goldberg and Cardea, P.A., our Annapolis medical malpractice attorneys are here to provide the clarity and advocacy you need. With decades of experience and a history of securing meaningful results, we are dedicated to helping you recover the compensation you deserve.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s care falls below the accepted standard, causing harm to a patient. This standard is defined by what a reasonably skilled professional in the same field would do under similar circumstances. Failing to meet this standard can result in devastating consequences for patients and their families.
Examples of medical malpractice include surgical errors, delayed diagnoses, or prescribing medications without accounting for drug interactions or allergies. For instance, misdiagnosing a stroke as a less serious condition delays life-saving treatment and increases the risk of long-term complications. Each of these errors highlights the critical need for accountability in healthcare.
At our firm, we investigate cases thoroughly to uncover negligence and pursue justice. Our experienced team works with medical experts to analyze the details of your case and identify how the standard of care fell short. If you believe you were harmed by substandard medical treatment, we are here to provide trusted guidance and support.
Common Examples of Medical Negligence
Surgical Mistakes
Surgical errors include preventable mistakes like operating on the wrong part of the body, leaving instruments inside a patient, or damaging nearby organs during a procedure. These errors often result from miscommunication among surgical staff, inadequate preparation, or failing to follow established protocols. Patients affected by surgical mistakes frequently require corrective surgeries or face prolonged recovery periods, which can disrupt their daily lives and careers.
In addition to physical harm, surgical errors can lead to significant emotional distress. Many patients lose trust in healthcare providers after experiencing such preventable mistakes. Financially, these errors often result in unexpected medical bills, rehabilitation costs, and lost income, further compounding the impact on victims and their families.
Birth Injuries
Birth injuries refer to harm caused to the baby or mother during labor and delivery due to negligence. Examples include oxygen deprivation leading to cerebral palsy, nerve damage caused by improper use of delivery tools, or untreated maternal complications. These injuries often require extensive medical care, rehabilitation, and ongoing support for the affected child or parent.
The emotional toll of birth injuries is profound, as families grapple with feelings of grief, anger, and frustration. Parents may also face long-term financial burdens, such as the cost of specialized education, adaptive equipment, or therapies for their child. Pursuing a malpractice claim can help families secure the resources they need to provide the best possible care for their loved ones.
Medication Errors
Medication errors occur when healthcare providers prescribe incorrect drugs, deliver improper dosages, or fail to account for potential drug interactions. These mistakes can result in severe reactions, overdoses, or untreated conditions that worsen over time. Patients often experience preventable complications due to lapses in communication or oversight during prescribing or administration.
The consequences of medication errors can extend beyond physical harm. Patients may develop anxiety about taking medications or lose trust in their providers after experiencing such errors. Financially, these mistakes often result in additional medical expenses for hospitalizations, treatments, or corrective care.
Delayed Diagnoses
Delayed diagnoses refer to failures to identify critical conditions, such as cancer, heart disease, or infections, within an appropriate timeframe. These delays reduce treatment options and increase the risk of complications, often leading to worsened outcomes for patients. A timely and accurate diagnosis is essential to providing effective care and preventing unnecessary harm.
The emotional impact of delayed diagnoses is significant, as patients and families endure prolonged uncertainty about their health. Many experience frustration and grief knowing that earlier intervention could have improved their prognosis. Financially, delayed diagnoses can lead to higher treatment costs and lost income due to extended recovery periods.
Radiology Mistakes
Radiology errors include misinterpreting imaging scans, failing to detect abnormalities, or mixing up patient results. These mistakes can delay necessary treatment or lead to incorrect procedures, exacerbating the patient’s condition. Accurate imaging analysis is a cornerstone of effective medical care, making errors in this area particularly harmful.
The ripple effects of radiology mistakes often extend to patients’ emotional well-being. Misdiagnoses or missed diagnoses can lead to feelings of helplessness and fear, especially when conditions worsen due to delayed treatment. Additionally, the financial burden of unnecessary procedures or prolonged care places significant strain on victims and their families.
Failure to Obtain Informed Consent
Informed consent requires providers to explain the risks, benefits, and alternatives of a treatment or procedure before proceeding. Neglecting this responsibility violates a patient’s right to make informed decisions about their care. Patients who undergo treatments without understanding the potential risks often feel betrayed when complications arise.
This failure can have serious physical and emotional consequences. For example, a patient may agree to a surgery without knowing its risks, only to face unexpected complications or lifelong impairments. Pursuing a malpractice claim in these cases helps protect patients’ rights and ensures providers are held accountable for neglecting this critical step.
Who Can File a Medical Negligence Claim in Annapolis?
Medical malpractice claims are designed to address harm caused by negligent care. Patients who directly suffered injuries due to a provider’s actions—or inactions—have the right to file a claim. These claims help hold providers accountable while offering victims financial relief for their losses.
Family members may also file claims in specific circumstances, such as pursuing justice for a loved one who has passed away due to medical negligence. Wrongful death claims address the economic and emotional losses associated with a preventable death, including funeral expenses and loss of companionship.
Our Annapolis medical malpractice lawyers are here to help you understand your eligibility to file a claim. By evaluating your situation and explaining your rights, we guide you through the legal process and advocate for a fair outcome.
Steps to Build a Strong Medical Malpractice Claim
Pursuing a medical malpractice claim requires thorough preparation and a clear understanding of Maryland’s legal requirements. Below are the steps necessary to build a strong case:
Step 1: Connect With a Medical Malpractice Attorney in Annapolis
If you have been injured by medical malpractice, retaining legal counsel as soon as you are able is essential to holding negligent healthcare providers accountable. A medical malpractice lawyer in Annapolis can guide you through the process and help you explore your options.
Step 2: Identify All Potential Defendants
Determine whether the negligence involved a single provider, multiple providers, or the healthcare facility as a whole. This step is critical to ensuring that all responsible parties are held accountable.
Step 3: Collect Comprehensive Evidence
Your attorney will gather medical records, diagnostic test results, treatment plans, and any other relevant documentation. These records provide essential insights into the quality of care you received and where deviations occurred.
Step 4: Consult With Expert Witnesses
Work with qualified medical professionals who can review your case and provide testimony about how the standard of care was breached. Expert opinions are often required to validate malpractice claims under Maryland law.
Step 5: File All Legal Documents
Your legal team will prepare and file the necessary documentation, including a formal complaint and a Certificate of a Qualified Expert. These documents outline the details of your claim and confirm that your case meets the state’s legal standards.
Step 6: Negotiate or Proceed to Trial
Many malpractice claims are resolved through negotiations with the provider or their insurer. However, if a fair settlement cannot be reached, your case may proceed to litigation. An experienced lawyer will advocate for your rights throughout the process.
The Impact of Medical Malpractice on Patients and Families
Medical malpractice often results in life-altering consequences for patients and their families. These impacts extend beyond physical harm, affecting emotional well-being and financial stability:
- Physical Effects: Patients may suffer chronic pain, long-term disabilities, or the need for corrective surgeries due to negligent care. These injuries often require ongoing treatment, limiting a person’s ability to work or engage in daily activities.
- Emotional Strain: Coping with the aftermath of malpractice can lead to anxiety, depression, or a loss of trust in healthcare providers. Families often experience additional stress as they adjust to caregiving roles or support a loved one through recovery.
- Financial Challenges: Victims frequently face unexpected medical bills, lost income, and reduced earning capacity. Pursuing a malpractice claim can provide the compensation needed to address these challenges and support recovery.
Common Defenses Used in Medical Malpractice Cases
Healthcare providers and institutions often raise specific defenses to avoid liability in medical malpractice cases. Understanding these defenses helps patients and their legal teams prepare strong arguments to counter them. Below are some of the most common defenses and how they can be addressed.
The Injury Was Unavoidable
One of the most common defenses is that the injury was unavoidable, meaning it occurred despite the provider delivering appropriate care. Providers may argue that the harm resulted from the patient’s underlying condition rather than any action—or inaction—on their part. For example, complications from a high-risk surgery may be presented as inevitable outcomes rather than the result of negligence.
To counter this defense, your legal team will present evidence showing how proper care could have prevented or mitigated the harm. This might include expert testimony explaining how the provider’s actions deviated from accepted standards or how earlier intervention would have improved outcomes. Demonstrating that the injury was preventable is key to overcoming this argument.
No Deviation From the Standard of Care
Providers often claim that their actions met the accepted standard of care, even if the outcome was unfavorable. They may argue that other providers in the same field would have acted similarly under the circumstances. This defense relies on framing their actions as reasonable and consistent with medical norms.
Your legal team can counter this by highlighting specific deviations that directly caused harm. For example, failing to order necessary diagnostic tests or ignoring clear symptoms of a serious condition demonstrates a breach of care. By consulting with qualified medical experts, your team can build a compelling case that illustrates how proper care would have led to a better outcome.
Patient Noncompliance
Another common defense is that the patient’s own actions contributed to their injury, often referred to as patient noncompliance. Providers may claim that the patient failed to follow medical advice, take prescribed medications, or attend follow-up appointments. This argument shifts responsibility onto the patient and away from the provider’s negligence.
To address this defense, it is crucial to demonstrate that the provider’s negligence directly caused harm, regardless of the patient’s actions. Thorough documentation of your adherence to medical advice and treatment plans can help refute claims of noncompliance. Additionally, expert testimony can establish that even if the patient deviated slightly, the provider’s actions were the primary cause of the injury.
The Harm Was Not Caused by Negligence
In many cases, providers argue that the harm suffered by the patient was unrelated to their actions. They may claim that the injury resulted from an unrelated condition, pre-existing illness, or other external factors. For instance, a doctor might assert that a patient’s delayed recovery was due to underlying health issues rather than negligent care.
Refuting this defense requires clear evidence linking the provider’s actions to the harm suffered. Medical records, imaging, and expert testimony are critical in demonstrating causation. By proving that the harm was a direct result of the provider’s failure to meet the standard of care, your legal team can effectively counter this argument.
Unique Aspects of Medical Malpractice Cases in Annapolis
Filing a medical malpractice claim in Annapolis requires navigating Maryland’s specific legal requirements. These include meeting filing deadlines, obtaining expert certifications, and understanding local court procedures. A legal team familiar with these nuances can make a significant difference in the success of your claim.
Our firm’s experience handling cases in Annapolis provides us with unique insights into local medical practices and facilities. For example, understanding how hospitals like Anne Arundel Medical Center operate helps us identify systemic issues that may contribute to negligence. This localized knowledge allows us to build strong cases tailored to the realities of healthcare in Annapolis.
Contact Our Respected Annapolis Medical Malpractice Lawyers Today
If medical negligence has disrupted your life, you deserve skilled legal advocates who will fight for your rights. At Schochor, Staton, Goldberg and Cardea, P.A., our Annapolis medical malpractice lawyers are committed to pursuing justice and fair compensation on your behalf. Contact us today to schedule a free consultation and take the first step toward recovery.