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Baltimore Medical Malpractice Lawyers

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.

Types of Medical Malpractice

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:

  • Misdiagnosis or Delaying Diagnosis. Proper diagnosis can be delayed if a doctor doesn’t order the right test or doesn’t correctly interpret the results of the test ordered. By delaying the diagnosis, the severity of the condition is likely to increase. Not all results of the delay can be reversed, and, in some cases, the delay can lead to premature death. For example, many types of cancer are curable if they are caught and treated in the initial stages. If cancer is not diagnosed promptly or if it’s misdiagnosed, it can grow and spread to other parts of the body and reach a stage that’s incurable.
  • Medication Errors. When a doctor prescribes a medication, the order is sent to the pharmacy and the pharmacist provides the medication to the patient, a nurse, or other healthcare provider. Errors in this stage can occur in many ways, including a pharmacist or nurse administering the wrong medication, wrong medication being ordered by the doctor, incorrect instructions printed on the medication label, patient is allergic to medication ordered, pharmacist fills order incorrectly, wrong medication is given to the client, incorrect dosage is given to the patient.
  • Surgical Mistakes. Every surgery has risks associated with it. Standards of care have been established for the specific purpose of minimizing risk and maximizing benefit. If these standards of care are not followed, surgical mistakes can occur. Examples of surgical mistakes include: performing surgery on the wrong part of the body or leaving foreign objects inside the body.
  • Defective or Mishandled Medical Equipment. The purpose of medical equipment is to enhance health and safety for the patient. When a medical device is defective, it can impose the opposite effect and cause harm to the patient. It’s also possible for medical equipment that’s operating properly to be mishandled by the person operating it. Serious harm can result from medical equipment that’s used improperly.
  • Labor and Delivery ErrorsChildbirth should be a joyous time. Sometimes it can turn into a dangerous situation for mother and child. If a medical professional doesn’t properly diagnose a condition during pregnancy or fails to recognize signs of danger during labor and delivery, the mother and the child may suffer life-long debilitating effects. In some cases, one or both could die.

Malpractice vs. Negligence

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.

  • Negligence refers to a lack of due care, inattentiveness, or a deviation from the reasonable standard of care for a situation.
  • Malpractice, on the other hand, specifically refers to standards of care between a professional and his/her clients, customers, patients, etc. Anyone can be guilty of negligence, but only professionals can be guilty of malpractice.

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.

Statue of Limitations

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

Evaluating the Cause of Medical Error

There are a variety of reasons that medical errors occur. Frequently, they are associated with:

  • Poor record-keeping. Doctors and can miss critical medical history details without careful recordkeeping in place.
  • Inadequate communication. Hospital, administrative, and medical staff all need to communicate about patient care.
  • Understaffing. Hospitals and facilities can be chronically understaffed. Staff who are overworked are more likely to ignore proper procedure and cut corners.
  • Fatigue. Doctors and nurses are required to work long hours. Fatigue can interfere with decision making skills.
  • Alcohol or drug use. The high stress environment that medical professionals work in can increase the incidence of alcohol and drug dependency among staff.

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.

Lawyers Specialized in Medical Malpractice

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:

  • Past case results. Scan the firm’s website or the internet for evidence that the firm has won medical malpractice claims in the past. Search for results pages, client testimonials, or articles about the firm in the news. A history of success can prove the firm knows what it’s doing when it comes to medical malpractice claims.
  • Positive reviews. While you’re searching through the firm’s background, look for signs that clients were happy with the way the firm handled their claims. Check for reviews and testimonials to see what to expect from the experience. Look for warm, honest, and personal attorneys who care about your case.
  • Personal touch. No two medical malpractice claims are alike. Your lawyer should not take a turnkey approach to representing you. Instead, your lawyer should be able to create a personal, custom-tailored strategy for your case. Look for a boutique law firm with the time to dedicate to your case or a larger firm with plenty of personal attention.

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.