What Consists of Medical Malpractice? A Comprehensive Guide
Medical malpractice is a term that encompasses various negligent actions by healthcare providers resulting in harm to patients. Understanding what consists of medical malpractice is crucial for protecting your rights and seeking justice if you or a loved one has been affected. For Maryland residents, knowing the legal framework and options available is essential. This guide dives into what constitutes medical malpractice, the laws in Maryland, and how SG Legal Group can assist you.
What Consists of Medical Malpractice?
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—deviates from the accepted standard of care, causing harm to a patient. The “standard of care” refers to the type and level of care that a reasonably skilled healthcare provider would deliver under similar circumstances.
Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Failure to obtain informed consent
- Anesthesia errors
- Negligence in hospital care
Each of these errors can lead to severe consequences, ranging from physical injuries to emotional trauma and financial burdens.
Key Elements of a Medical Malpractice Claim
To establish a valid medical malpractice claim in Maryland, you must demonstrate the following elements:
- Duty of Care
The healthcare provider must have owed a duty of care to the patient. This relationship is typically established when a provider agrees to treat a patient.
- Breach of Duty
A breach occurs when the provider fails to meet the standard of care. This could include errors in diagnosis, treatment, or management of a condition.
- Causation
You must prove that the breach directly caused your injury. Expert medical testimony is often required to link the provider’s actions to the harm suffered.
- Damages
Finally, you need to show that the breach resulted in measurable damages, such as additional medical expenses, lost income, or pain and suffering.
Maryland’s Medical Malpractice Laws
Maryland has specific laws governing medical malpractice claims. Here are key points to consider:
Statute of Limitations
Maryland law generally requires that medical malpractice claims be filed within five years from the date of the injury or three years from when the injury was discovered, whichever comes first.
Certificate of Merit
Plaintiffs must submit a certificate of merit from a qualified medical expert. This document verifies that the healthcare provider’s actions fell below the standard of care and caused the patient’s injury.
Damage Caps
Maryland imposes a cap on non-economic damages in medical malpractice cases. For claims arising in 2025, the cap is $905,000, with higher caps for wrongful death cases involving multiple beneficiaries. Economic damages, such as medical bills and lost wages, are not capped.
Contributory Negligence
Maryland follows the doctrine of contributory negligence, which can bar recovery if the patient is found partially at fault for their injury. This highlights the importance of having skilled legal representation.
Types of Medical Malpractice
Misdiagnosis or Delayed Diagnosis
Failure to correctly diagnose a condition can delay treatment, resulting in worsened outcomes. For instance, misdiagnosing cancer can lead to advanced-stage complications.
Surgical Errors
These errors include operating on the wrong site, leaving surgical instruments inside the body, or causing unnecessary damage during a procedure.
Medication Errors
Mistakes in prescribing or administering medication can have serious—even fatal—consequences.
Birth Injuries
Negligence during labor and delivery can result in conditions like cerebral palsy or brachial plexus injuries, often requiring lifelong care.
Failure to Obtain Informed Consent
Healthcare providers must inform patients about the risks, benefits, and alternatives to a procedure. Performing a procedure without proper consent can constitute medical malpractice.
Anesthesia Errors
Administering too much or too little anesthesia can lead to complications, including brain damage or death.
Compensation in Medical Malpractice Cases
Victims may be entitled to:
- Economic Damages: These include medical expenses, rehabilitation costs, and lost wages.
- Non-Economic Damages: Compensation for pain, suffering, and emotional distress.
- Punitive Damages: In rare cases, punitive damages may be awarded to punish egregious misconduct.
Steps to Take if You Suspect Medical Malpractice
If you believe you’ve been a victim of medical malpractice, follow these steps:
- Seek Medical Attention: Your health comes first. Address any immediate medical concerns.
- Obtain Medical Records: These are critical for evaluating the care you received.
- Document Everything: Keep detailed notes about your condition and interactions with healthcare providers.
- Consult an Attorney: Medical malpractice cases are complex. An experienced attorney can assess your case and guide you through the legal process.
How SG Legal Group Can Help
At SG Legal Group, we understand the challenges victims of medical malpractice face. Our team is committed to:
- Providing Free Case Evaluations: We’ll help determine if you have a viable claim.
- Collaborating with Experts: We work with medical professionals to build strong cases.
- Handling Negotiations: We deal with insurance companies to secure fair compensation.
- Offering Compassionate Support: We’re with you every step of the way.
Conclusion
Understanding what consists of medical malpractice is vital for protecting your rights and seeking justice. If you or a loved one has suffered due to medical negligence, SG Legal Group is here to help. Contact us today for a free consultation and let us fight for the compensation you deserve.