Hagerstown, MD Medical Malpractice Attorney FAQ

To prove that medical malpractice occurred, a patient must demonstrate the following four elements:

• Duty of Care: The healthcare provider had a doctor-patient relationship with the person in question and was required to provide them with all appropriate care.
• Breach of the Duty of Care: The healthcare provider did not meet the accepted medical standards when providing treatment for the patient.
• Causation: The actions or negligence of the medical provider were directly responsible for the patient's injury.
• Damages: The provider's negligence caused the patient to suffer harm, including physical injuries, medical expenses, or financial losses.

Each of these elements must be established for a medical malpractice claim to succeed. Our attorney can help gather the necessary evidence, such as medical records and expert testimony, to prove these elements in court.

Medical malpractice can occur in many settings, and it can involve a variety of different types of mistakes or negligence by medical professionals. Some reasons that patients may be injured because of the negligence of medical providers include:

• Misdiagnosis or Delayed Diagnosis:A doctor may fail to diagnose a condition correctly or in a timely manner, leading to improper medical care or delayed treatment.
• Surgical Errors: Surgeons, assistants, or other people involved in operations may make mistakes or fail to follow the proper procedures. Patients may suffer harm due to operating on the wrong body part, leaving objects inside the body, or damaging organs or blood vessels.
• Medication Errors: Prescribing the wrong medication or dosage, failing to recognize harmful drug interactions, or administering medication incorrectly can have dangerous consequences for patients.
• Birth Injuries: Errors during pregnancy or delivery, such as failing to address fetal distress or performing an improper C-section, can result in lifelong disabilities for the child or serious harm to the mother.
• Anesthesia Errors: Mistakes made during the administration of anesthesia can cause brain damage, coma, or death.

These and other types of negligence can result in significant harm to patients that may affect them physically, emotionally, and financially. Our medical malpractice lawyer can help you determine whether you have a valid claim.

Medical malpractice can have a wide range of consequences for a patient. Mistakes by doctors or negligence by medical providers can lead to:

• Physical Injuries: Patients may suffer from new or worsened injuries as a result of negligent care, such as infections, organ damage, or permanent disabilities.
• Emotional Trauma: The experience of being injured by a trusted medical professional can lead to significant emotional distress. Post-traumatic stress disorder (PTSD) and other emotional or psychological concerns can have a significant impact on a patient and their family.
• Financial Losses: Medical malpractice often results in additional medical expenses, including the costs of corrective surgeries, rehabilitation, and ongoing care. Patients may also lose income if they are unable to work while recovering from their injuries.
• Decreased Quality of Life: Injuries caused by medical negligence can affect a patient's ability to engage in daily activities, maintain relationships, and enjoy life as they did before the incident.

The effects of medical malpractice can be long-lasting and life-altering, making it essential for injured patients to receive compensation for the harm they have suffered.

Patients who have been harmed by medical malpractice may be entitled to various types of compensation, known as damages. In Maryland, these damages may include:

• Economic Damages: These are financial losses that can be calculated, such as medical expenses, lost wages, and the costs of future care.
• Non-Economic Damages: These damages may be more difficult to quantify, but they can address the ways a person and their family have been personally affected by medical malpractice. Compensation may address pain and suffering, emotional distress, and loss of enjoyment of life. The medical malpractice laws in Maryland have placed caps on non-economic damages, and this may limit the amount of compensation a patient can receive for these types of losses.

Our experienced attorney can help you calculate the full extent of your damages and fight for the compensation you deserve.

Maryland has strict time limits, known as a statute of limitations, for filing medical malpractice claims. In most cases, a patient must file a lawsuit within five years of the date they were injured or three years from the date they discovered their injury, whichever comes first.

However, there are exceptions for certain cases, such as those involving children. For minors, the statute of limitations does not begin to run until the child turns 18 years old, allowing them to file a claim up until their 21st birthday.

It is important to act quickly if you believe you have a medical malpractice claim. Waiting too long to file can result in your case being dismissed, regardless of its merits. By consulting with Serafini Law as soon as possible after you learn about your injury, you can ensure that your claim will be filed within the appropriate timeframe.

Not all cases involving medical negligence will require a trial. In fact, many are resolved through settlements, where the healthcare provider or their insurance company agrees to pay compensation to the patient without the need for a court hearing. However, if a fair settlement cannot be reached, the case may proceed to trial.

In Maryland, medical malpractice cases must first go through arbitration before going to court. This process involves presenting the case to an arbitration panel, which will issue a decision. However, either party can choose to waive arbitration and proceed directly to trial if they prefer.

Our skilled medical malpractice attorney will help you negotiate a fair settlement. We can advise you on whether arbitration may be beneficial or whether it will be necessary to take your case to court to secure the full compensation you need and deserve.