At Watson & Moran LLC, we strive to help those who've been injured as a result of negligence. Our medical malpractice attorneys and Personal injury attorneys in Maryland have helped a large number of clients who've been injured in auto accidents, have experienced wrongful deaths, have been victims to assault, and more recently, victims of medical malpractice.
Our Maryland Medical Malpractice attorneys have consulted on a number of cases to confused clients who wonder whether or not they have a case. In this blog post, we will go over the basics of medical malpractice and the basic requirements for a claim as well as the damages and statutes of limitations associated with medical malpractice.
What is Medical Malpractice?
Medical malpractice occurs when a patient is harmed by a doctor due to negligence that results in injury or death. Typical cases usually involve a wide range of factors and issues like the examples listed below:
- Misdiagnosis of condition
- Prescribing wrong medication
- Unnecessary treatments
- Failure to diagnose condition
Medical malpractice cases and rules vary from state to state; however, if you feel you have a case on your hands, our medical malpractice attorneys in Maryland have listed the basic claim requirements below:
1.You must prove a doctor-patient relationship.
2. You must prove the doctor exhibited negligence which resulted in injury: Unhappiness with treatment is not enough to hold a doctor liable to medical malpractice. 3. You must prove that the doctor deviated from the medical standard of care with the help of a medical expert.
The resulting injury caused specific harm:
- Physical pain
- Mental pain
- Additional bills
- Lost work
As long as the three requirements listed above are present, you're able to file a medical malpractice claim. It'd be wise to consult with a medical malpractice attorney when filing a claim.
Types of Damages in Medical Malpractice cases
There are three types of damages awarded in a medical malpractice case: punitive, compensatory, and non-economic.
Compensatory damages cover medical bills and loss wages. Non-economic damages cover the victim's pain and suffering. Punitive damages are awarded only in certain situations in which the doctor breached the standard of medical care. These damages punish the doctor but are rare and difficult to prove.
Statute of Limitations
In Maryland, there is a statute of limitations for medical malpractice cases. Patients have a certain amount of time to file a claim against a doctor. The time limit in order to file a medical malpractice claim is within five years from the date in which the doctor caused the injury or within three years from when the injury was discovered. The time limits are strict and claims filed after the statute of limitations will not be heard in court.
Watson & Moran LLC Medical Malpractice Attorneys can help.
Medical malpractice is a complex process and if you feel you've been wronged and have a case, it's best to consult a medical malpractice lawyer in order to learn more about your options. At Watson & Moran LLC, our Maryland Medical Malpractice attorneys have helped hundreds of individuals who've been injured due to the negligence of their doctors. Tell us about your case today.