Baltimore Medical Malpractice Lawyers
Frequently Asked Questions
An act of medical malpractice raises many questions for those who have been injured and their families. At LeViness, Tolzman & Hamilton, P.A., our Baltimore medical malpractice lawyers are here to answer your questions and help you receive compensation following your injury. Clients often ask us:
- What exactly is medical malpractice?
- What does informed consent mean?
- Who is liable for medical malpractice?
- Is medical malpractice really that common?
- Is there any way to tell if a doctor has been sued for malpractice before?
- What do I need to prove to win a malpractice claim?
- What should I do if I think I have a medical malpractice claim?
- What is the first step in pursuing a claim?
- Do I need copies of my medical records to pursue a malpractice claim?
- Why is having an expert witness necessary?
- How long do I have to bring a lawsuit?
- How long will my case take?
- Should I take a settlement if one is offered?
- Are doctors responsible for paying damages in medical malpractice lawsuits?
Contact our Baltimore medical malpractice law firm for a complimentary consultation. We fight for you.
LeViness, Tolzman & Hamilton, P.A. is dedicated to protecting your rights if you or a loved has been severely injured due to a healthcare provider’s actions. Reach out to our medical malpractice lawyers in Maryland at 800-547-4LAW (4529) or contact us online to work with a highly qualified medical malpractice law firm in Maryland. We keep flexible office hours and have a 24-hour hotline available for emergencies.
What exactly is medical malpractice?
Medical malpractice is when a healthcare provider fails to provide an appropriate level of care to a patient, harming him or her as a result. It is sometimes referred to as professional negligence.
What does informed consent mean?
The term informed consent means that a doctor is obligated to tell you of all the risks associated with your upcoming procedure. You may be able to file a medical malpractice claim if your doctor failed to tell you of the risks you faced and you suffered an injury.
Who is liable for medical malpractice?
Any healthcare provider can be held liable for medical malpractice, including:
Is medical malpractice really that common?
Medical malpractice is more common than you would like to think. The Institute of Medicine reported that more than 98,000 people in the United States die as a result of medical mistakes or negligence each year.
Is there any way to tell if a doctor has been sued for malpractice before?
Yes. You can look up a doctor’s profile using the search engine system provided by the Maryland Board of Physicians. These profiles show whether a physician has faced any disciplinary actions or malpractice claims within the last 10 years.
What do I need to prove to win a malpractice claim?
You must prove the following conditions in order to win a malpractice claim:
- The defendant acted negligently
- His or her negligence directly caused your injuries
- You suffered as a result
While these three conditions sound relatively straightforward to prove, successfully arguing a medical malpractice claim is more difficult than it may seem. You need an experienced attorney by your side to win your claim. Our Baltimore medical malpractice law firm can provide the level of care you need to see your case through until its completion.
What should I do if I think I have a medical malpractice claim?
You should reach out to our law firm immediately if you think you may have a malpractice claim. Our attorneys will evaluate your case during your free consultation and then investigate whether there is a valid claim against your healthcare provider. If so, we create a team to build a strong case on your behalf.
What is the first step in pursuing a claim?
The first step of any potential medical malpractice claim is recognizing that you were harmed due to the negligence or carelessness of a healthcare provider. Come speak to a Maryland medical malpractice attorney at our firm so we can assess whether you have a case and, if so, begin the process of investigating your claim and preserving valuable evidence.
Do I need copies of my medical records to pursue a malpractice claim?
Yes, but part of our services includes gathering your records — if you do not already have them — and reviewing them with medical experts. We use the information we find in your records to build a strong case on your behalf. Maryland law says that all patients have a right to receive copies of their medical records, and we work with you to do just that.
It is important to note that obtaining medical records of a deceased individual can be more challenging due to privacy laws. Our firm helps wrongful death clients gather medical records for loved ones who have died as a result of medical malpractice.
Why is having an expert witness necessary?
An expert witness is required in any medical malpractice case. Expert witnesses testify that the medical professional in question failed to provide an acceptable level of care, that their failure to do so directly caused your injuries, and the true extent of the damage caused was due to their actions. The witness must be in a similar field as the defendant in order to prove your case.
How long do I have to bring a lawsuit?
Claims of medical malpractice in Maryland must be filed within five years of the event itself or three years from the date the injury was discovered. That said, exceptions are routinely made based on extenuating circumstances. For example, statutes of limitations are often extended for young children or minors whose injuries are not immediately apparent, as is the case with many birth injuries.
How long will my case take?
A medical malpractice claim tends to take between one to three years to complete. The length of your case may vary based on:
- The number of parties involved
- The number of depositions to be taken
- The availability of expert witnesses and others involved in a trial
- The length of the trial
Cases that settle before going to court are generally resolved faster than those that go to trial. If your case goes to court and there is a favorable outcome, the defendant may choose to appeal the decision and consequently lengthen the time it takes to complete your case.
Should I take a settlement if one is offered?
It depends on the value of the settlement and whether you feel it is appropriate given your economic and noneconomic losses. Our attorneys present settlement offers and counsel you on whether it is wise to accept the offer based on our decades of experience in the personal injury and medical malpractice arena.
Are doctors responsible for paying damages in medical malpractice lawsuits?
No. Doctors and other healthcare professionals have insurance policies specifically in place to pay for damages when medical malpractice claims are filed.