It’s common for victims of medical malpractice to not realize that their injury was caused or exacerbated by medical error until long after. This is a reason why many people seek the services of Murphy, Falcon & Murphy to lead thorough investigations when there has been an injury or death after a medical procedure. If you believe you or a loved one has been a victim of medical malpractice, continue reading to find more information regarding medical malpractice claims and then, contact our office to schedule a free consultation with one of Baltimore’s trusted medical malpractice attorneys today.
Pursuing a medical malpractice claim can be a very complex with several different areas to prove. There are a variety of types of mistakes that happen regularly in the medical profession, and if you feel you may have been a victim to malpractice and/or medical negligence, it’s very important you seek the legal advice from a skilled medical malpractice attorney with a track record of success. When dealing with medical insurance companies and large corporations, a solid defense is vital to your case. The different types of medical malpractice claims include:
Medical malpractice may be a form of negligence, but the two terms do not mean exactly the same things in the eyes of the law.
The Maryland courts define “malpractice” as the failure of a professional (of any kind) to act in accordance with the industry’s accepted standards. Malpractice can also refer to the failure to foresee the consequences of actions as a “reasonable and prudent” professional would have been able to do. If you aren’t sure whether you have a negligence or malpractice claim, ask yourself if the defendant was an on-duty professional who owed you a duty of care at the time of the incident
One of the elements you will need to prove for a malpractice claim is that a professional relationship existed between the medical professional and the plaintiff. For a claim against a doctor, for instance, you will need proof a doctor-patient relationship existed at the time of the alleged harm or wrongdoing. You likely would not have a case against a doctor who gave you advice at a cocktail party, but you would if you were a patient at his or her clinic. Malpractice could come down not only to the liability of the individual, but to a manager, supervisor, or employer as well.
An important question in medical malpractice cases is what is the statute of limitations. In Maryland, the statute is three years. A person has three years to bring a medical malpractice claim from the date of the injury, or from when the patient knew or should have known about the injury.
If for some reason, the patient is unaware that he or she was the subject of medical malpractice, the patient in Maryland has five years to bring a claim. If for some reason the patient discovers the injury, for example, five and a half years later, it’s too late.
Therefore, it’s very important if you think you have a medical malpractice claim to contact a Baltimore injury attorney immediately, investigate the validity of your claim and to file as soon as possible. Once the statute of limitation expires, there is nothing you will be able to do about it
There are a variety of reasons that medical errors occur. Frequently, they are associated with:
Thousands of people die every year because of preventable medical errors. The attorneys at Murphy, Falcon & Murphy understand that mistakes happen, but we also understand that medical professionals must be held to a higher standard because we put our lives in their hands. Although we can’t fix the mistakes that caused your personal injury, we can make sure that you get the compensation that you deserve. Contact us today to schedule a free consultation.
Medical malpractice is a serious tort that can injure and kill unsuspecting patients. As a patient who might be the victim of medical malpractice in Maryland, it is up to you to protect your rights. Taking swift action against the alleged defendant is crucial. Reporting the physician and contacting a lawyer right away can ensure you do not miss any important deadlines or filing requirements. Take the following steps toward financial compensation if you believe you have a medical malpractice case.
Put your health and safety first. Do not continue receiving care from the physician or healthcare center you suspect of medical malpractice. Switch physicians, making sure to migrate your health and treatment records. You do not need to tell your existing physician the reason for the switch. Your new doctor can act immediately to correct the medical mistake and get you back on track for proper treatment. A new doctor will protect your health while you spend time handling the rest of your medical malpractice case.
Following your new physician’s orders is important for your health and wellness as well as to the outcome of your case. Make sure you keep copies of your treatment-related documents and prescriptions and provide them to your attorney if requested.
Building your case is something your lawyer can do, but it helps if you begin the process early on. Request copies of all your medical records from your previous doctor or healthcare center. Your records will have detailed information about the practitioners you saw and the treatment you received. Document your experience in as much detail as possible, keeping a record of who handled your patient care, what happened, and what you suspect went wrong. Describe your symptoms, injuries, or illness. The more information you document about your case, the stronger it will be later.
As the victim of a preventable personal injury, you have rights in Maryland. Start to research these rights with help from a lawyer. Your rights as a patient include the power to expect high standards of care from your physician. A breach of duty of care, that causes injury, is grounds for a medical malpractice case. Also learn important facts about bringing a medical malpractice case in the state, such as your statute of limitations on filing. A conversation with one of our attorneys can help you understand clearly what your rights are.
Once you have received the quality healthcare you need and collected information about your case,. Our Baltimore firm offers free, zero-obligation consultations so you can get the information and answers you need free of charge. We want to help you explore your rights and take action against the allegedly at-fault doctor or hospital. A lawyer can investigate your case, identify who may be liable, and help you preserve and collect key evidence. A lawyer can also take over communications with the defendant and his/her attorneys and insurance company.
After hiring a lawyer, you will not have to worry about the legalities of your lawsuit. Your attorney will handle the legwork of your case while you focus on healing. You will not have to – and you should not – contact the allegedly at-fault doctor again. Your lawyer will handle all interactions with the physician and/or healthcare center on your behalf. This will ensure that your rights and best interests stay protected during the legal process. Contacting other parties involved could hurt your case, not help. You should also avoid posting about your injuries or lawsuit on social media.
It is not easy to secure a settlement or judgment against a prominent Baltimore doctor or health care facility. You need a lawyer you can feel confident about representing you. Choosing the right lawyer for you and your case may take a few free consultations with prospects before making your decision. First, make sure the law firm specializes in medical malpractice. If it doesn’t, it might not have the experience or resources necessary for the best possible outcome. Then, look for the following signs of a top attorney:
Murphy, Falcon & Murphy has everything you’re looking for in a suitable attorney and more. Our firm has helped medical malpractice victims throughout Maryland for over 70 years. We have a long history of successful case outcomes, a unique approach to litigation, and we truly care about each and every one of our clients. Find out why we’re right to represent your medical malpractice case during a no-cost consult with one of our lawyers. We specialize in all types of medical malpractice claims, injuries, and wrongful death.