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Anyone who seeks medical treatment from a licensed professional should receive the appropriate level of care that they deserve. While most healthcare practitioners meet this basic “standard of care” without any issue, many negligent doctors, nurses, technicians, and specialists can end up causing serious harm to their patients.
If you or a loved one has suffered physical injury or a prolonged illness because of misconduct by a healthcare professional, gaining compensation for your loss is of the utmost importance. However, enforcing your legal right to gain financial restitution can be a daunting task, and extremely difficult without an experienced personal injury attorney’s guidance. By retaining a trusted Maryland medical malpractice lawyer, you will be able to assemble a strong civil claim and gain the compensation you deserve.
Anyone injured due to a medical professional’s misconduct has a limited time under state law to begin filing suit against them. While the statute of limitations for medical malpractice lawsuits is usually three years in Maryland, there can be nuances that are applicable to some injury claims, and a Maryland attorney can further explain.
Under the Maryland Code, most malpractice plaintiffs must file suit either within three years of discovering that they were injured through medical misconduct or within five years of when the injury in question actually happened, whichever comes earlier. However, children under 18 injured by a doctor’s negligence must file suit three years after their 18th birthday, regardless of the exact age when the injury was sustained.
Special filing deadlines aren’t the only way the state of Maryland treats medical malpractice claims differently from other forms of civil litigation. For instance, anyone who wishes to file a medical malpractice case must first file their case in the Health Care Alternative Dispute Resolution Office (HCADRO) as well as file a “certificate of qualified expert” within 90 days of their initial complaint. This must include a certification from a qualified medical expert affirming that they believe the provider deviated from the standard of care and that the deviation caused the claimant injuries.
Finally, MD Code §3-2A-09 sets limits on the total compensation a successful medical malpractice plaintiff can demand for non-economic forms of harm, the exact value of which changes each year for inflation.
While these restrictions might seem complicated, experienced Maryland attorneys can assist with filing a medical malpractice claim and managing the state’s guidelines.
The information above is just a brief summary of how state law governs medical malpractice claims and what you will need to understand before filing your claim. Medical malpractice cases are much easier to resolve if you have help from a legal professional who has experience fighting similar cases.
A conversation with a Price Benowitz Maryland medical malpractice lawyer can provide answers to your questions on the legal process and the options that you have. Reach out today to schedule your initial consultation with Price Benowitz that can get you the compensation you deserve.
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