In Maryland, to prove a medical malpractice case, a lawyer will need to prove elements such as duty of care, breach of duty, causation, and damages when you file a lawsuit. A medical malpractice attorney in Maryland understands the complexities of malpractice law and will fight to win your malpractice case so you can recover compensation for your damages.
How Can Someone Ensure That They Are Fully Compensated for Their Injuries in a Medical Malpractice Case?
In Maryland, you can receive both economic and non-economic compensation for damages related to medical malpractice claims. To ensure you receive the total amount you deserve for your injuries, you should hire a medical malpractice attorney who has experience winning malpractice claims in court.
An experienced lawyer will know the best way to outline the damages you have sustained because of your medical malpractice injury. Your damages may include lowered quality of life, pain and suffering, medical expenses, lost wages, loss of earning potential, future medical expenses, and much more.
Medical Malpractice Damage Caps
Compensatory caps for damages related to medical malpractice only apply to non-economic damages in Maryland. This cap applies for all non-economic damages related to the same injury, even if there are multiple liable parties in your case. As of 2024, the cap for non-economic damages for a medical malpractice case in Maryland is $890,000, with an additional $15,000 added each year. Maryland damage caps are updated each year.
Maryland also has a cap for wrongful death medical malpractice cases when there are two or more beneficiaries. Under this rule, the cap for non-economic damages must not be greater than 125% of the damage cap for that year. In 2024, this means the damage cap for a wrongful death medical malpractice case involving two or more beneficiaries is $1,112,500.
Medical Malpractice Statute of Limitations
Depending on the circumstances of your case, you will have either three years from the date an injury was noticed or five years after the injury was committed to file a medical malpractice lawsuit.
If you were a minor when you were injured, you will have three years from your 18th birthday to file a lawsuit. If the malpractice victim was mentally incapacitated at the time of injury, then the patient will have three years from the date the mental disability ends to file a lawsuit. Your medical malpractice attorney in Maryland can let you know which statute rule applies to your case.
Medical Malpractice Certificate of Qualified Expert
In Maryland, people who file a medical malpractice claim are also required to file a Certificate of Qualified Expert within 90 days. This certificate is a sworn statement from an independent medical expert who has reviewed the details of your claim and believes your physician did not meet the standard of care during treatment or diagnosis, and that your injuries were caused by the breach in the duty of care you were owed by your physician.
Ask Your Medical Malpractice Attorney in Maryland: Does Your Case Have Special Requirements?
In addition to meeting the four elements to prove medical malpractice in Maryland, some medical malpractice claims that have damages over a certain amount have additional requirements that must be met. For example, a claim with damages totaling over $30,000 must first be filed with an expert certificate at Maryland’s Healthcare Alternative Dispute Resolution Office.
When your claim is filed at the Healthcare Alternative Dispute Resolution Office, you will have the option to waive arbitration. You will have to file a written election to waive arbitration within 60 days of your healthcare provider filing an expert certificate. From there, you have 60 days to file a medical malpractice lawsuit with the court. If you do not meet this deadline, your physician can ask for the case to be dismissed.
Why Might You File a Medical Malpractice Claim?
As a patient, you should expect all of your healthcare providers and facilities to meet a certain standard of care. However, when you receive substandard treatment for any reason, and you are injured, then you deserve to be compensated. Medical malpractice can lead to devastating illnesses and injuries, and sometimes even wrongful death. Some common reasons to file a malpractice claim include:
- Failure to diagnose
- Lack of informed consent
- Failure to inform patients of available treatments
- Ineffective treatments
- Anesthesia errors
- Birth injuries
- Delivery complications
- Post-surgery infections
- Hospital infections
- ER errors
- Medication errors
- Surgical errors
- Misdiagnosis
How Long Does It Take to Resolve a Claim?
Sometimes, it may only take a few months to settle a medical malpractice claim, particularly if you can settle your claim outside of court. If your case ends up going to trial, it may take a year or more to settle your lawsuit. Complex cases with multiple liable parties may take longer to resolve than cases with a single liable physician. Visit this page to learn more about the medical malpractice lawsuit process.
Although compensation for economic damages is not limited in Maryland, there are caps for non-economic damages. If you want to recover all of your economic and non-economic damages, then you will need to hire a lawyer who can prove causation and damages in your medical malpractice case.