Can You Sue for a Surgical Error in Maryland?

 Posted on December 30, 2024 in Uncategorized

Surgical procedures are often essential for treating medical conditions or saving lives, but they are not without risks. While some complications are unavoidable, others are due to preventable mistakes made by healthcare providers. If you or a loved one have been harmed by a surgical error, a Catonsville, MD medical malpractice attorney can help you navigate the legal process and pursue justice for your pain and suffering.

What Qualifies as a Surgical Error?

A surgical error happens when a surgeon or other medical professional deviates from the expected standard of care during a procedure and harms the patient. These mistakes go beyond the inherent risks associated with surgery, as they often stem from negligence. Common examples of surgical errors include:

• Performing surgery on the wrong site or patient

• Leaving surgical instruments or sponges inside the patient

• Administering the wrong dosage of anesthesia

• Damaging nerves, organs, or tissues during the procedure

• Failing to effectively monitor or manage complications

It is important to note that not all surgical errors are grounds for a medical malpractice claim. To qualify as malpractice, the error must have directly caused harm that could have been avoided if the healthcare provider had exercised proper care.

What Does Maryland Law Say About Surgical Malpractice?

In Maryland, surgical malpractice cases fall under medical malpractice law, which requires patients to prove four key elements:

• Duty of Care: The healthcare provider had a responsibility to provide proper care to the patient.

• Breach of Duty: The provider did not meet the standard of care.

• Causation: The provider's negligence directly led to the patient's injury.

• Damages: The patient suffered measurable damages, including additional medical bills, lost wages, or physical and emotional suffering.

Maryland law also limits non-economic damages, such as pain and suffering, in medical malpractice cases. However, there is no limit placed on economic damages, such as medical expenses and lost income. Additionally, the state requires patients to file a Certificate of a Qualified Expert, signed by a medical professional, which verifies that the standard of care was breached.

How Can You Prove Surgical Malpractice?

To build a strong surgical malpractice case, you will need to collect evidence that clearly demonstrates negligence. Key steps include:

• Obtaining Medical Records: These documents provide a detailed account of the surgery, the steps that were taken, and any errors that occurred.

• Consulting Medical Professionals: Expert testimony is usually necessary to establish how the healthcare provider failed to meet the standard of care.

• Documenting Damages: It is essential to keep track of medical bills, lost wages, and other costs to accurately calculate compensation.

How Much Time Do You Have for Filing a Surgical Malpractice Lawsuit in Maryland?

Maryland's statute of limitations for medical malpractice cases, including surgical errors, is typically three years from the date the injury occurred or was discovered. If the harm was not immediately apparent, the discovery rule might allow for more time. However, there is also a five-year limit, called a statute of repose, which prevents claims from being filed more than five years after the injury, no matter when it was found.

Contact a Washington County, MD Medical Malpractice Lawyer

Surgical errors can have life-altering consequences, but you do not have to face the challenges alone. A Catonsville, MD surgical malpractice attorney at Serafini Law can help you obtain the compensation you deserve. Call 240-744-1600 today to schedule a free consultation.