Understanding the Medical Malpractice Claim ProcessNovember 11, 2019
If you were harmed in any way while under the care of a medical professional, and you believe that negligence was involved, you may want to consider filing a medical malpractice lawsuit. It is highly recommended that you consult with an experienced medical malpractice lawyer who will walk you through every step of the claims process and ensure that your legal rights are protected. The following will provide you with a general overview of the basic requirements for a successful medical malpractice claim.
To prove that you are the victim of malpractice, you must be able to establish the following:
- A doctor-patient relationship existed between you and the doctor against whom you are filing a lawsuit.
- Your health care provider was negligent, meaning that they caused you harm. The doctor’s care must be reasonably skillful and careful. Oftentimes, a medical expert will be required to discuss the accepted medical standard of care, and whether the doctor involved in the lawsuit failed to meet that standard.
- The doctor’s negligence was responsible for the injury. In most cases, the patient will be required to provide testimony from a medical expert who can confirm that the doctor’s negligence caused the injury.
- The injury resulted in damages, including physical pain, mental anguish, additional medical bills, or lost wages.
Types of Medical Malpractice
There are several situations that can cause a patient to file a medical malpractice claim, including:
- Failure to diagnose: If a doctor did not diagnose an illness or injury, and a proper diagnosis would have resulted in a more favorable outcome, you may have a viable claim.
- Mistreatment: If your doctor treated you in a way that no other competent medical professional would, or a treatment was administered incompetently, you may have a successful claim.
- Failure to notify patient of risks: If a doctor knew of the possible risks and failed to notify the patient, they may be liable for medical malpractice.
The statute of limitations for filing a medical malpractice lawsuit in Maryland is five years from the date that the alleged malpractice occurred, or three years from the date that the injury was discovered, whichever date is earlier. If you do not file a claim within that period, the court will dismiss the case. You must also file a certificate of merit from a qualified medical expert within 90 days of filing a complaint. This must include information about the injury, the alleged breach of the standard of care, what the health care provider should have done, and information that indicates how this breach caused the injuries. An experienced medical malpractice lawyer can walk you through the claims process and address all your questions and concerns.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Medical Negligence
If you were injured while under the care of a health care professional, and you believe that negligence was involved, you are urged to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton as soon as possible. Protecting your rights is our top priority, which includes obtaining the maximum financial compensation you deserve. We will work closely with you to determine who is responsible for your injury. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Located in Baltimore, Columbia, Glen Burnie, and Towson, we represent clients throughout Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.