1101 St. Paul St.
Suite 404
Baltimore, MD 21202
Telephone 410 539 7816
Fax 410 539 3957
email jameskoch@jpkochlaw.com
FREQUENTLY ASKED QUESTIONS ABOUT MEDICAL MALPRACTICE AND HOSPITAL NEGLIGENCE CASES
 | |
| |
|
What kinds of damages can be recovered in a Maryland malpractice case? |
| What is the statute of limitations in Maryland for medical malpractice cases? |
|
Click here to read about results achieved in some representative cases.
Determining Whether You Have A Case
You have a meritorious malpractice case if you have sustained a serious injury caused by a health care provider's negligence.
Negligence. Not every patient who sustains injuries as the result of medical treatment is the victim of medical malpractice. Some injuries, even serious ones, are known risks of treatment that can occur without negligence on the part of the health care provider. Malpractice occurs when medical treatment is below the standard of care. In general, treatment is below the standard of care when it results in preventable injury.
Causation. A claimant does not necessarily have a meritorious malpractice claim just because the health care provider was negligent. A claimant must also be able to prove that the health care provider's negligence actually caused an injury. In some cases, though, the health care provider's negligence does not result in any injury. In other case, the claimant has been injured, but the claimed injury would have occurred anyway, even if the health care provider had complied with the standard of care. Occasionally, the claimed injury can be attributed to a pre-existing medical condition. If the claimant can not prove that the health care provider's negligence actually caused an injury, then a malpractice lawsuit will necessarily fail.
The following are examples of medical errors that often justify the filing of a lawsuit:
Internal medicine.
| Failure to timely diagnose cancer, heart disease, and other medical conditions when the delay adversely affects the patient's prognosis and treatment options |
Emergency room medicine
|
Failure to diagnose and treat appendicitis |
|
Failure to diagnose and treat impending stroke |
|
|
Hospitals
|
Drug overdoses |
|
Patient falls |
|
Pressure sore (decubitus) ulcers |
|
Failure to monitor patient's respiratory condition. |
|
Pulmonary embolism |
Surgery
|
Injuries to organs, blood vessels, or nerves, especially when not immediately recognized and treated at the time of surgery. |
|
Failure to diagnose/ treat post-surgical infection |
Anesthesiology
|
|
|
|
Obstetrics
|
Shoulder dystocia resulting in brachial plexus injury |
| Failure to recognize fetal distress during delivery |
Malpractice cases are accepted on a contingent fee basis. If there is no recovery, there is no fee. In most cases, we can advance the costs of prosecuting the case. Costs are then deducted from the settlement or recovery at the end of the case.
Non-economic damages:
These include pain and suffering, inconvenience, physical impairment, disfigurement, and loss of consortium (i.e., damage to the marital relationship).
Caps on non-economic damages:
Maryland has enacted limits on awards for non-economic damages in personal injury cases, including medical malpractice cases. The date on which a legal cause of action arises determines the amount of the damage cap. As of 1/1/09, the amount of the cap will increase in the amount of $15,000 annually. The cap on damages for non-economic damages is as follows:
If the cause of action arises the damage cap is
On or after 10/1/01 $605,000
On or after 10/1/02 $620,000
On or after 10/1/03 $635,000
On or after 10/1/04 $650,000
On or after 1/1/09 $665,000
On or after 1/1/10 $680,000
Limits on non-economic damages in wrongful death and survival cases:
In a wrongful death and survival action involving a single claimant, the aggregate cap on non- economic damages is as indicated above. In cases involving two or more claimants, the aggregate award for non-economic damages, to be divided among all beneficiaries, may not exceed 125% of the cap applicable to individual claimants.
Economic damages
Economic damages may include medical bills incurred as a result of the negligence, as well as future medical, custodial care, and similar expenses that can be proven with reasonable certainty.
A claimant is also entitled to compensation for lost wages, as well as any loss of earning capacity caused by the negligence.
In a wrongful death case, damages may include the pecuniary loss to the claimant resulting from the death of the decedent.
In Maryland, actions against health care providers generally must be commenced within five (5) years after the injury was committed, or within three (3) years after the injury was discovered, whichever is sooner.
Injuries to minors: The Maryland Court of Appeals has held that the three and five year time periods for filing a lawsuit do not commence running until the minor attains the age of 18.
Ignorance of cause of action caused by fraud. If the health care provider uses fraud to prevent a claimant from discovering a cause of action (for example, by concealing facts which would alert the patient that he had received negligent care), then the cause of action accrues when the claimant discovers or should have discovered the health care provider's fraud.
Wrongful death actions against health care providers must be filed within three (3) years after the date of death. The statute of limitations in a wrongful death action commences when the decedent dies, not when the injury resulting in death is discovered. The three-year rule applies even if the claimant was a minor at the time of the decedent's death.
How We Determine Whether You Have a Case
We need to investigate your claim in order to determine the facts. We need to determine what went wrong and who is responsible. Initially, our investigation will include a review of your medical records and consultations with one or more medical experts. You will be asked to sign a HIPAA authorization so that your health care providers can release your medical records to us. No fee is charged for the initial investigation.
In Maryland, a medical malpractice claim can not be filed without first obtaining a Certificate from a qualified medical expert who attests that the claim is meritorious. As part of our investigation, we will conduct a search for a medical expert who is both qualified and willing to review your case and sign the required Certificate if your case is meritorious.