When healthcare providers make preventable errors, the consequences can disrupt every aspect of your life. At Schochor, Staton, Goldberg and Cardea, P.A., our Perry Hall medical malpractice law firm is here to support you. With a client-centered approach and decades of experience, we are dedicated to pursuing justice for victims of medical negligence and helping you find the resources needed to recover.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider delivers care that falls below the professional standard, causing harm to the patient. This standard is based on what a similarly trained provider would have done under the same circumstances. A breach of this standard often results in preventable injuries, complications, or even long-term health consequences.
Examples of medical malpractice include misdiagnoses, delayed treatment, and surgical mistakes. For instance, failing to diagnose a treatable illness like cancer may reduce the effectiveness of treatment and worsen outcomes. Similarly, performing the wrong surgical procedure or ignoring key symptoms can lead to severe complications that affect a patient’s quality of life.
Common Forms of Medical Negligence in Perry Hall
Medical negligence takes many forms and occurs in various settings, such as hospitals, clinics, or private practices. Below are some examples of medical negligence and how they affect patients:
Improper Post-Surgical Care
Neglecting to provide appropriate care after surgery, such as failing to monitor for infections or complications, can delay recovery and worsen a patient’s condition. Examples include ignoring signs of internal bleeding or failing to address surgical site infections promptly.
Patients impacted by improper post-surgical care often face extended recovery times or require additional medical interventions. Addressing these errors through legal action emphasizes the importance of vigilant aftercare.
Errors in Prenatal Testing
Misinterpreting or failing to conduct essential prenatal tests can result in undetected maternal or fetal conditions or preventable complications. For example, failing to diagnose conditions like gestational diabetes or placental insufficiency puts both the mother and baby at risk.
Pursuing a malpractice claim for errors in prenatal testing helps ensure accountability and highlights the need for thorough evaluations during pregnancy. These claims provide families with the resources needed to address ongoing medical challenges.
The Psychological and Practical Impact of Medical Negligence
The effects of medical negligence are not limited to physical harm. Patients and their families often experience significant emotional and practical challenges that affect their daily lives. Emotionally, many victims struggle with feelings of betrayal, anxiety, or fear about future medical care. The loss of trust in healthcare providers can create long-term mental health challenges, including depression or post-traumatic stress.
Practically, victims often find themselves adjusting to new limitations or responsibilities caused by the negligence that led to their injuries. Families may need to arrange caregiving schedules, learn new skills to support a loved one’s recovery, or manage disruptions to their routines. Addressing these challenges through legal action helps victims regain stability and access the support they need to move forward.
Steps to Take After Experiencing Medical Negligence
Taking swift action after experiencing medical negligence is critical to protecting your rights and building a strong case. Below are actionable steps to follow:
1. Contact a Perry Hall Medical Malpractice Lawyer
An experienced lawyer will evaluate your case, explain your legal options, and guide you through Maryland’s malpractice laws. Your attorney will handle critical tasks such as consulting with experts, preparing documentation, and negotiating with insurers. By partnering with a knowledgeable legal team, you improve your chances of achieving a favorable outcome and recovering the compensation you need.
2. Request Medical Records and Documentation
Your Perry Hall medical malpractice attorney will obtain copies of all medical records, including test results, treatment plans, and provider notes. These documents are essential for identifying where errors occurred and establishing the facts of your case. Additionally, keep your own detailed notes about symptoms, interactions with providers, and changes in your condition.
3. Consult With an Independent Medical Professional
Seek a second opinion to confirm whether the care you received deviated from accepted standards. This evaluation helps clarify the extent of the negligence and provides insights into how it affected your health. An independent review also ensures that you receive proper treatment to address any harm caused by the initial provider’s actions. This proactive step supports both your recovery and your legal case.
4. Preserve Physical Evidence
If relevant, retain any physical evidence, such as medical devices, prescriptions, or photographs of injuries. These items can help demonstrate how the negligence occurred and provide compelling evidence for your claim. Acting quickly to secure physical evidence prevents it from being lost or discarded, ensuring that all relevant details are included in your case.
Compensation for Victims of Medical Negligence
Victims of medical negligence may be entitled to recover various types of damages. Below are unique categories of compensation that may apply to your case:
Loss of Future Opportunities
When medical negligence leads to permanent disabilities or chronic conditions, victims often lose opportunities for career advancement or education. For example, a young professional who suffers a disabling injury may be unable to pursue their chosen career path or complete higher education. Compensation for the loss of future opportunities addresses these long-term effects and provides financial relief for the limitations caused by negligence.
These damages are particularly important for younger victims or those in physically demanding professions. By including these losses in your claim, you ensure that the full scope of the negligence’s impact is recognized. This type of compensation helps victims adapt to their new circumstances and plan for a future shaped by unforeseen challenges.
Loss of Household Contributions
Medical negligence often affects a victim’s ability to contribute to household responsibilities, such as childcare, cleaning, or managing finances. For example, a parent recovering from surgery complications may no longer be able to care for young children or handle daily tasks. Compensation for loss of household contributions recognizes the impact of these changes on the entire family.
This type of compensation ensures that families can hire additional help or adjust their lifestyles without undue financial strain. By addressing these hidden costs, victims and their families can maintain stability and focus on recovery. Including these damages in your claim provides a more comprehensive picture of the harm caused by negligence.
Compensation for Caregiver Support
When medical negligence disrupts a patient’s independence, families often take on caregiving responsibilities. Compensation for caregiver support includes the cost of hiring professional caregivers or the financial losses incurred by family members who leave their jobs to provide care.
Specialized Equipment Costs
Patients with permanent disabilities often require specialized equipment, such as wheelchairs, prosthetics, or communication devices. Compensation for these expenses ensures that victims can access the tools they need to improve their quality of life.
Non-Economic Damages
Patients are also allowed to be compensated for physical pain, emotional anguish, fear, anxiety, disfigurement, and the loss of lifestyle that results from negligence.
Why Choose Schochor, Staton, Goldberg and Cardea, P.A.?
Our firm is committed to providing tailored representation for every client we serve. We take the time to understand your unique circumstances and develop legal strategies that address your specific needs. From initial consultations to case resolution, we prioritize clear communication and ensure that you feel supported throughout the process.
With a proven track record of success in Perry Hall medical malpractice cases, we are well-equipped to handle even the most complex claims. Whether your case involves diagnostic errors, surgical mistakes, or medication mishaps, our experienced team is ready to advocate for your rights. Choosing us means working with a dedicated legal team focused on achieving justice and fair compensation.
Perry Hall Medical Malpractice FAQs
Can I file a claim if my injury was caused by multiple providers?
Yes, you can file a medical malpractice claim if multiple providers or entities contributed to your injury. For example, a surgical error may involve negligence by both the surgeon and the anesthesiologist, or a hospital’s staffing policies may have contributed to inadequate care. Identifying all responsible parties is essential to ensuring that your claim fully addresses the scope of the negligence.
Your legal team will investigate the circumstances of your case to determine where errors occurred and which providers may be liable. This comprehensive approach strengthens your claim and increases the likelihood of recovering fair compensation. By holding all responsible parties accountable, you help promote better practices across the healthcare system.
What if I signed a consent form before my procedure?
Signing a consent form does not waive your right to file a medical malpractice claim. Consent forms are intended to inform patients of potential risks, but they do not protect providers from liability if they fail to meet the standard of care. For example, errors during the procedure or a failure to disclose critical information about the risks could still constitute negligence.
Your attorney will review the details of the consent process to determine whether you were adequately informed. If key information was omitted or misrepresented, the consent may not be legally valid. Filing a claim in these cases ensures that your rights as a patient are protected.
How does Maryland’s contributory negligence law affect medical malpractice cases?
Maryland follows a contributory negligence rule, which means that if a patient is found even partially responsible for their injury, they may be barred from recovering compensation. For example, if a patient fails to follow medical advice or withholds important health information, it could impact their ability to file a claim. This strict standard makes it especially important to demonstrate that the provider’s actions were the primary cause of the harm, and that your conduct was reasonable.
A skilled legal team can help refute allegations of contributory negligence by gathering evidence that supports your claim. This may include expert testimony, medical records, or other documentation that highlights the provider’s failure to meet the standard of care and that you were not negligent. With the right representation, you can strengthen your case and protect your right to seek compensation.
What is the role of expert witnesses in a medical malpractice case?
Expert witnesses play a critical role in medical malpractice claims by explaining how a provider’s actions deviated from accepted standards of care. These professionals review medical records, provide objective opinions, and testify about how proper care could have prevented the harm. Their insights are essential for building a strong case and clarifying complex medical issues for judges and juries.
In Maryland, filing a Certificate of a Qualified Expert is often required to proceed with a malpractice claim. This certification confirms that a medical professional has reviewed the case and found evidence of negligence. Your legal team will work with reputable experts to ensure that your claim is supported by credible and persuasive testimony.
Can I recover damages for emotional distress caused by medical negligence?
Yes, non-economic damages in medical malpractice claims often include compensation for emotional distress. Anxiety, depression, and loss of trust in healthcare providers are common psychological effects of negligence. These damages recognize the personal impact of the injury and the challenges victims face in coping with their experience.
Emotional distress damages are calculated based on the severity of the impact and how it has affected your daily life. Your attorney will work with experts to demonstrate the extent of your suffering and advocate for fair compensation.
Consult Our Knowledgeable Medical Malpractice Attorneys in Perry Hall Today
When medical errors disrupt your life, you deserve a trusted advocate who will focus on your well-being and the justice you deserve. A Perry Hall medical malpractice lawyer with Schochor, Staton, Goldberg and Cardea, P.A. is prepared to investigate your case and fight for the financial recovery you need to move forward. Contact us today to arrange your free consultation and discover how we can help you take control of your situation.