What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to act as a reasonably competent provider would under similar circumstances. That failure can lead to serious injury, worsened medical conditions, or even death. Unlike ordinary mistakes, malpractice involves a clear departure from the standard of care.
Common examples of medical malpractice include:
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Misdiagnosis or Delayed Diagnosis: Failing to diagnose an illness correctly or in a timely manner can deny patients life-saving treatment.
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Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside a patient, can have catastrophic results.
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Medication Errors: Prescribing the wrong drug or incorrect dosage can cause dangerous or fatal complications.
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Birth Injuries: Negligence during pregnancy, labor, or delivery may injure both mothers and infants.
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Lack of Informed Consent: Performing a procedure without fully informing the patient of risks and alternatives violates patient rights.
Because the legal definition of malpractice can vary by state, understanding Maryland’s rules is critical for anyone pursuing a claim.
Maryland Medical Malpractice Laws
Maryland law sets strict rules on how and when patients can file medical malpractice lawsuits. These rules protect healthcare providers from indefinite liability but also limit the time victims have to act.
Statute of Limitations
In Maryland, you must file a malpractice claim within three years of discovering the injury or within five years of the negligent act, whichever comes first. Missing this deadline usually ends your right to seek compensation. Special rules may apply if the victim is a minor, which can extend the filing period.
Certificate of Merit Requirement
Before filing a malpractice lawsuit, Maryland law requires plaintiffs to obtain a certificate of merit. A qualified medical expert must review the case and confirm that the healthcare provider failed to meet the accepted standard of care. Without this certificate, the court will likely dismiss the claim.
These requirements highlight why legal guidance is essential. An attorney can ensure your claim is filed on time, supported by proper documentation, and meets Maryland’s legal standards.
Why You Need a Medical Malpractice Attorney
Medical malpractice cases rank among the most complex types of personal injury claims. They involve technical medical evidence, expert testimony, and strict legal deadlines. Patients rarely succeed without experienced representation. A skilled medical malpractice attorney will:
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Investigate the Case: Review records, interview witnesses, and gather evidence.
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Work with Medical Experts: Partner with professionals who can explain how care fell below accepted standards.
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Build a Strong Claim: Show the connection between negligence and the patient’s injury.
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Fight for Compensation: Pursue damages for medical costs, lost wages, pain and suffering, and long-term care needs.
At Cohen|Harris, we understand how malpractice disrupts lives. Our attorneys combine legal strategy with compassion, helping victims hold negligent providers accountable and recover the compensation they need to move forward.
Conclusion
If you or a loved one has been a victim of medical malpractice in Maryland, the law firm of COHEN|HARRIS is here to help. Our experienced attorneys can help you navigate the legal process, fight for your rights in court, and obtain the compensation you deserve. Contact us today to schedule a consultation and learn more about how we can help you.