Medical malpractice occurs when a healthcare provider’s actions or inactions deviate from the standard of care, leading to harm. Whether it is a misdiagnosis, surgical error, or delayed treatment, these mistakes can have lasting consequences for patients. The Baltimore medical malpractice attorneys with Schochor, Staton, Goldberg and Cardea, P.A., are here to guide you through the complexities of medical malpractice cases and help you understand if you have a valid claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm to the patient. The standard of care refers to the level of treatment a competent provider in the same field would deliver under similar circumstances. When this standard is not upheld, the patient may suffer preventable injuries or complications.
To establish medical malpractice, three key elements must be proven: a violation of the standard of care, causation, and significant harm. A violation occurs when the provider’s actions deviate from what is expected, causation links those actions to the harm suffered and significant harm results in measurable damages. Each element plays a critical role in building a valid claim.
If you believe your provider’s negligence caused harm, our Baltimore medical malpractice lawyers can evaluate your situation. We review the facts, consult with experts, and determine whether your circumstances meet the criteria for a malpractice claim. Our goal is to provide clarity and guidance as you seek justice and accountability.
Checklist: Does Your Situation Constitute Medical Malpractice?
If you suspect medical negligence, this quick checklist can help you determine whether you may have a valid claim. While the checklist provides an initial assessment, consulting with a legal professional is essential to confirm the details and strengthen your case. Understanding these factors can help you take the first steps toward seeking compensation.
Here is a quick checklist to consider:
1. Was there a violation of the standard of care?
A violation of the standard of care occurs when a healthcare provider fails to deliver the level of treatment expected of a reasonably skilled professional in their field. This standard serves as a benchmark for acceptable practices in diagnosing, treating, and managing a patient’s condition. Common examples of violations include misdiagnoses, delayed treatments, and surgical errors that deviate from established medical protocols.
Identifying a violation often requires reviewing medical records and consulting with experts to compare the provider’s actions against accepted practices. Evidence of deviations from these standards is a key factor in proving negligence. A Baltimore medical malpractice lawyer can help evaluate whether your provider’s actions failed to meet the standard of care required in your situation.
2. Did the negligence result in harm or injury?
To pursue a medical malpractice claim, you must show that the provider’s negligence directly caused harm or injury. This connection, known as causation, is crucial to establishing liability. For instance, a delayed cancer diagnosis may lead to disease progression, reducing the effectiveness of treatment options and worsening the patient’s prognosis.
Proving causation often involves expert testimony and detailed analysis of the medical care you received. Experts can explain how proper care would have prevented the harm you experienced. Establishing this link strengthens your case and demonstrates the provider’s responsibility for your injury.
3. Was the harm significant?
A valid malpractice claim must involve harm that resulted in measurable damages, such as medical expenses, lost income, or pain and suffering. For example, complications from a surgical error may require additional procedures, prolonged recovery, or long-term rehabilitation, all of which contribute to financial and emotional strain.
Non-economic damages, such as emotional distress or diminished quality of life, are also considered when assessing the significance of harm. Demonstrating the full impact of the negligence on your life is essential to pursuing compensation. A thorough evaluation of your damages by a legal professional ensures that your claim reflects the true extent of your losses.
By reviewing these questions and consulting with a Baltimore medical malpractice lawyer, you can gain a clearer understanding of your case’s validity. A thorough evaluation can help determine the next steps in pursuing justice and seeking compensation for your losses.
Common Examples of Medical Malpractice in Baltimore
Medical malpractice can occur in a variety of settings, including hospitals, private practices, and outpatient facilities. These incidents often arise from negligence, miscommunication, or systemic failures that compromise patient safety. Understanding the most common examples of malpractice can help patients identify when their rights may have been violated.
Our law firm has experience addressing a wide range of medical malpractice cases in Baltimore. By thoroughly investigating claims, we work to uncover the facts and hold negligent providers accountable. Below are some of the most frequent examples of medical malpractice:
- Misdiagnosis or delayed diagnosis – Failing to identify a condition in time to prevent harm. These errors often result in missed treatment opportunities, allowing the condition to worsen.
- Surgical errors – Performing surgery on the wrong site, leaving instruments inside the patient, or causing avoidable complications during the procedure. These mistakes frequently require corrective surgeries or prolonged recovery times.
- Failure to diagnose – Missing critical signs of a condition, such as heart disease or cancer, that could have been treated successfully if identified earlier. These errors often lead to disease progression and reduced treatment options.
- Improper discharge – Releasing a patient from care too early without adequate instructions or follow-up plans. This negligence can result in readmissions, worsened conditions, or preventable complications.
- Failure to recognize complications – Ignoring or overlooking warning signs of post-operative infections or internal bleeding. Delayed treatment of these issues can lead to life-threatening outcomes or permanent damage.
- Improper prenatal care – Failing to monitor a pregnancy properly, leading to complications such as preeclampsia or gestational diabetes going untreated. Neglect during prenatal care can put both the mother and baby at risk.
- Radiology errors – Misinterpreting imaging scans, such as X-rays or CT scans, leading to missed diagnoses or unnecessary procedures. These mistakes can delay necessary treatments or expose patients to unnecessary risks.
- Anesthesia mistakes – Administering the wrong dosage of anesthesia, failing to monitor the patient during surgery, or not accounting for known allergies. These errors can result in brain damage, prolonged unconsciousness, or death.
- Medication mistakes – Prescribing or administering the wrong medication or dosage. These errors can lead to adverse reactions, untreated conditions, or dangerous drug interactions.
- Birth injuries – Harm to the baby or mother caused by negligent delivery practices, such as improper use of delivery tools or failure to monitor complications. These injuries often result in long-term disabilities or extensive medical care.
Frequently Asked Questions About Medical Malpractice Claims in Baltimore
Medical malpractice claims often raise important questions about your rights and legal options. Below, we address some of the most common concerns to help you better understand what to expect when pursuing a claim in Baltimore.
What is the statute of limitations for filing a malpractice claim in Maryland?
In Maryland, the statute of limitations generally allows victims five years from the date of injury to file a medical malpractice claim, as outlined in Maryland Code, Courts and Judicial Proceedings § 5-109. If the injury is not immediately apparent, victims may have three years from the date they discovered—or should have reasonably discovered—the harm. Filing within these timeframes is essential to preserving your right to pursue compensation.
Acting quickly not only protects your legal rights but also ensures that critical evidence is preserved. Consulting with a Baltimore medical malpractice lawyer early in the process can help you meet the necessary deadlines and strengthen your claim. Taking timely action is key to achieving a favorable resolution for your case.
How do I prove negligence in a malpractice case?
Proving negligence involves demonstrating that a healthcare provider’s actions fell below the accepted standard of care, directly causing harm. This process requires gathering evidence such as medical records, expert testimony, and documentation of your injuries to support your claim. Each of these elements helps establish liability and demonstrates how the provider’s actions caused your condition to worsen.
Establishing causation is another critical aspect of proving negligence. Your legal team must connect the provider’s failure to meet the standard of care with the harm you suffered. By working with medical experts and thoroughly investigating the facts, your lawyer can build a compelling case to pursue justice and compensation.
What damages can I recover in a medical malpractice claim?
Compensation in medical malpractice cases typically includes both economic and non-economic damages. Economic damages address measurable financial losses, such as medical bills, lost wages, and rehabilitation costs. Non-economic damages compensate for the physical pain, emotional distress, and diminished quality of life caused by negligence.
Future costs, such as ongoing medical care, diminished earning capacity, or vocational rehabilitation may also be factored into your claim. These damages aim to provide financial relief and support for both your immediate and long-term needs. A thorough assessment of your losses by an experienced legal team ensures that your claim seeks the full extent of compensation available.
Connect With Our Experienced Medical Malpractice Attorneys in Baltimore Today
When medical malpractice has disrupted your life, understanding your legal options is the first step toward seeking justice. A trusted Baltimore medical malpractice lawyer with Schochor, Staton, Goldberg and Cardea, P.A. can help you identify whether negligence occurred and what steps to take next. Contact us today to schedule your free consultation and find out how we can help you take action against negligent providers.