In Maryland, a health care professional can be medically negligent if they do not follow the industry standard of care and a patient is injured as a result. In this case, a patient may be eligible to file a medical malpractice claim. Understanding when a medical error becomes medical malpractice can help you determine whether your claim is valid. Here are some tips to know if you or someone you know suffered as a result of medical negligence.
Statute of Limitations
A statute of limitations sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense. Generally, medical malpractice lawsuits in Maryland must be filed within five years of when the injury was sustained or within three years of the date when the injury was reasonably discovered, whichever comes first.
In medical malpractice cases, Maryland law requires expert testimony that a medical professional breached the standard of care and that the breach caused an injury. This requirement is put in place because juries and judges may not infer medical negligence without expert opinions. A medical expert must be able to say that there was a breach of the standard of care and a resulting injury. The expert must also testify that they hold these opinions to a reasonable degree of medical probability.
Filing an Arbitration
The Health Care Malpractice Claims Act (“Health Claims Act”) requires victims claiming an injury from medical malpractice must first file their claims in Maryland Health Claims Arbitration. The plaintiff must file a certificate of merit from a qualified medical expert within 90 days of filing their medical malpractice complaint. That certificate must include the following:
- Specifics of the claimed injury
- The alleged breach of the standard of care
- What the doctors should have done to meet the standard of care
- Validation that the doctor(s) breach of the standard of care definitively caused the plaintiff’s injury.
We here at Snyder Law Group have over thirty years of experience specializing in medical malpractice cases. If you or a loved one have become a victim of negligence or malpractice, you may be entitled to compensation. Contact us now to get started.
Contact The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts and settlements. Please visit our website, www.410thefirm.com, or call us at 410-843-3476, for more information. Follow us on Facebook, Twitter, and LinkedIn.