Frequently Asked Questions
The experts at the Snyder Law Group have been helped their clients with all medical malpractice and personal injury claims for over 40 years. In almost all cases, the injured party is unaware of their rights in the situation, and — more often than not — are intimidated at the thought of pursuing court action, even if they are completely entitled to proper compensation. The Snyder Law Group is well-versed in all forms of personal injury and malpractice legal expertise and its team is available to answer all of your questions, no matter the case.
What Qualifies as Medical Malpractice?
The key factors that span all medical malpractice cases include a doctor-patient relationship, a violation of the accepted standards of care, and an injury caused as a result. Several different incidents can be considered medical malpractice.
- Surgical Injuries
- Failure to Diagnose
- Nursing Home Abuse
- Hospital and Nurse Negligence
- Misdiagnosis, or delayed diagnosis for a specific medical problem
- Surgical mistakes such as operating on the wrong patient or wrong body part
- Administering or prescribing the wrong medication or the wrong dose
- Injury or incident occurring during birth
- Lab test errors leading to misdiagnosis or wrong prescription medication
- Failure to Properly Read/Interpret Radiological Films
What is Considered Personal Injury?
Most personal injury cases are the result of negligence. For example, car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when someone’s pet has not been trained to behave around strangers. In each instance, the responsible party ignored the risk posed to others, and as a result, an innocent individual is injured..
- Car and pedestrian accidents
- Accidents in the workplace
- Defective product claims
- Medical malpractice
- Slip and fall claims
When Should I File a Lawsuit?
Regardless of the specific circumstances surrounding your injury, you should speak with a personal injury lawyer as soon as possible following the incident. Injury victims have a short period of time to file a claim and failure to file within this time period, known as the statute of limitations, can prevent the victim from recovering compensation after a certain point.
Do Statutes Of Limitations for Medical Malpractice Claims Exist?
Each state can have unique statutes of limitations for medical negligence and malpractice claims. According to Maryland Courts and Judicial Proceedings § 5-109, a claim must be filed the earlier of either (a) 5 years from the time of injury; or, (b) within 3 years following the date the injury was discovered. For a minor, the statute of limitations is different. Usually, if someone is injured while under the age of 18, they can file a lawsuit up until their 21st birthday. This is a general guideline and there are always expectations, so consult a legal professional when making decisions about your case.
Do Statutes Of Limitations for Personal Injury Claims Exist?
According to Maryland Courts and Judicial Proceedings § 5-101, a claim must be filed within three years from the date it accrues. Typically this means three years from when the incident occurred.
What Type of Compensation Could I Obtain?
It is the personal injury lawyer’s goal to help the hurt client become “whole” again. However, the physical and emotional hardship caused by medical negligence is often impossible to undo. Based on the case, injured parties in a medical malpractice lawsuit could reclaim damages for lost wages, medical expenses, pain and suffering, and other accident-related costs. Family members who have lost a loved one to wrongful death can recoup funds for funeral costs and loss of consortium. Further, dependents of the deceased may be eligible for financial compensation to cover the foregone financial support.
How Long Does a Personal Injury Lawsuit Typically Take?
There’s no easy answer with determining this one, since each case is unique. A personal injury lawsuit may settle in a few months without the need for a trial, while others can take years to complete. However, the team at Snyder Law Group has years of experience in not only being thorough with each case we take on, but also in providing the most streamlined turnaround time to suit your needs, while assuring the most satisfactory outcome.
What must you prove in a Medical Malpractice Claim?
Medical negligence or Malpractice is when a physician or other health care provider commits malpractice or negligence. The health care provider is judged by what’s known as the standard of care. Therefore the first thing you need to prove is that the health care provider breached the standard of care. So what is the Standard of Care in a Medical Malpractice Case?
Physicians and other health care providers must comply with recognized standards of care. The standard of care is defined as: the level at which the average, prudent provider would practice. It is how similarly qualified practitioners would have managed the patient’s care under the same or similar circumstances. The medical malpractice plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached.
Next you must also prove that the breach in the standard of care proximately caused your injuries. This is known as what’s called causation. The final step is to establish that you were in fact injured.
What is the burden of proof in a Medical Malpractice Claim?
Unlike a criminal case where the burden of proof is beyond a reasonable doubt, in a civil case, such as medical malpractice, the burden of proof is known as a preponderance of the evidence. Essentially this means more likely so than not or greater than fifty percent.
I signed a consent form. Does that mean I have waived my rights?
No. A signed consent form does not mean you have acknowledged or consented to conduct which falls below the standard of care owed by all medical professionals to their patients. Simply signing a consent form does not excuse malpractice, negligence, or substandard care.
How do I know if my doctor has committed medical malpractice?
By hiring a qualified medical malpractice attorney at the Snyder Law Group, they will obtain all of your medical records, speak with qualified experts across the country in the relevant medical specialties, and determine whether you are a victim of medical malpractice. If you are unsure whether you were a victim of a medical mistake then you should call a lawyer at the Snyder Law Group immediately.
Who can be held responsible for medical malpractice?
Any health care professional (and the companies they work for) can be held responsible for medical malpractice. The Lawyers at the Snyder Law Group are experienced medical malpractice lawyers and we will identify whether a mistake was made.
What will it cost me to hire a medical malpractice lawyer?
All of the cases handled by the Snyder Law Group are handled on a contingency fee basis. Contingency fee agreements mean that the Snyder Law Group will only get paid if they get a recovery for you. The Snyder Law Group is invested just like you in obtaining the best result possible.
What should I look for in choosing an attorney to represent me in a medical malpractice case?
There are a lot of attorneys that advertise on TV, radio, the internet, phone books, etc., but what truly separates a good medical malpractice lawyer from a great malpractice lawyer is experience and results. The Snyder Law Group is experienced at handling medical malpractice cases and we focus the vast majority of our legal practice on medical malpractice claims. You can pick up the phone and call anyone at the Snyder Law Group and they will be able to tell you exactly what is going on with your case.
If I bring a medical malpractice lawsuit, will I have to go to court?
It depends. The best results are sometimes through settlement. Settlement allows for there to be closure and life will go on. In the event that a case needs to be filed in court, the Snyder Law Group will aggressively and zealously advocate on your behalf. We are not scared to fight for you and we know how to try a Jury Trial. If your case needs to be filed in Court, we will never stop fighting on your behalf.
If medical malpractice damages are recovered, is that money taxable?
Damage amounts recovered from a medical malpractice lawsuit where there is a physical injury are generally not taxable, but you should always consult with a tax attorney and/or accountant/CPA.
Call 410-THE-FIRM (843-3476) For a Free Case Evaluation
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced 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.