Medical Malpractice Lawyer in Maryland

Medical Malpractice Lawyers

Medical malpractice can be found in any field of medicine where any medical professional or a doctor has failed to meet the set standards of care. While medical malpractice is most prevalent with health care professionals in the areas of emergency care in the emergency room, orthopedics, obstetrics-gynecology, neurosurgery, and other medical specialties, medical malpractice can happen in any area of medicine.  When medical mistakes arise, the victim and their loved ones should obtain financial compensation for their loss and injuries.

If you suspect that you or a loved one is the victim of medical malpractice committed by a healthcare provider, contact us immediately for a free consultation. Our Maryland medical malpractice lawyers have the expertise and experience required to get victims of medical malpractice the compensation they deserve.

What is Medical Malpractice in Maryland?

In Maryland medical malpractice or medical negligence means that a healthcare provider or a doctor deviated from accepted norms and standards in providing medical care. To put it simply, proving medical malpractice means shows that your doctor didn’t perform everything they were supposed to when diagnosing or treating you or overseeing your care. 

Why do medical mistakes and errors occur? Various studies show that the leading causes of medical malpractice include:

• Failure to diagnose
• Misdiagnosis
• Under and overtreatment
• Improper transfusions
• Mistaken patient identities
• Adverse drug events
• Wrong-site surgery
• Nursing home abuse
• Inadequate skills, and
• Errors in charting or communication

When you get injured because a doctor is careless, negligent, or fails to act adequately, you can hold them liable under Maryland state law. 

Researching and proving malpractice can be complex and expensive. Nevertheless, our office makes the financial commitment to entirely investigate and prosecute medical malpractice claims. We have worked with a wide array of medical experts best suited to uncover usually overlooked evidence of malpractice and negligence. Call our Maryland medical malpractice lawyers today to learn more.

Common Types of Medical Negligence Cases

On a daily basis, patients across the country suffer from medical malpractice or get substandard medical care that leads to severe injury, illness, or loss of life. Medical misconduct takes many forms. Some types of malpractice are difficult to recognize, especially when the person does not discover the injury until months, or even years later. Physician, nurses, technicians, or other health care providers can commit errors that cause patients to suffer severe outcomes.

Some of the most common medical malpractice cases are:

1. MISDIAGNOSIS

Delayed or missed diagnoses are primary causes of malpractice claims amongst health care providers. When a doctor fails to diagnose or misdiagnoses a condition for some period of time, the patient could be prevented from pursuing the treatment that they actually need. A misdiagnosis, indeed, could lead to the prescription of treatments that are not accurate for the patient, also potentially resulting in injury. 

The basic key to such a case is proving what the treating physician did wrong and how a professional doctor should have gone about diagnosing the medical condition. If a reasonably competent and skillful doctor would not have made the same error under the same circumstances, then the treating doctor may be liable for damages.

The same condition is true for delayed diagnosis claim. If a doctor takes unreasonably long time to determine the underlying condition, it could be too late to treat it. In delayed diagnosis cases, a doctor may struggle to make a diagnosis at all or make an incorrect diagnosis first.

1. FAILURE TO TREAT

Failure to treat, unlike misdiagnosis, happens when the patient is rightly diagnosed; however that diagnosis is never followed through on. This mistake includes not providing the correct follow-up care, discharging a patient too soon, or not providing the standard of care required for their particular condition.

All of these mistakes constitute medical malpractice. In order to prove that your medical provider failed to treat you, you must be able to prove that you didn’t obtain the required standard of care that a skillful doctor would have treated you with.

1. SURGICAL ERRORS

Surgical errors can range from operating on the wrong body part to failing to present standard post-surgical care. Additionally, unsanitary conditions can cause serious infections and illness.

There are various reasons that a surgical mistake may happen, including:

• Surgery was not necessary
• The wrong procedure was adopted
• Avoidable damage to the tissues, nerves, or organs occurred
• Any medical equipment was left inside the body of patient
• Use of unsterile surgical instruments 
• Inadequate aftercare 

There’s a major difference between a surgical mistake and the risks involved with surgery. Doctors are required to let you know about the risks involved with surgery, and if you are affected by those associated risks, then you don’t have a medical malpractice claim.

However, if you suffer from a surgical mistake or something that should not have happened during your surgery, you may have a claim.

1. BIRTH INJURIES

Birth related medical malpractice happens when hospital staff fails to use adequate care or act negligently, causing injury to the child or mother during delivery or even during pregnancy.

Usually, medical malpractice lawsuits are filed against OB/GYNs for birth related injuries, such as cerebral palsy, nerve damage, spinal cord injuries, cephalohematoma, and shoulder dystocia. These injuries can be due to medical errors and are avoidable.

Common types of birth-related medical malpractice lawsuits are related to the following:

• Prolonged labor that injures the baby, mother, or both
• During a vaginal birth, failure to administer anesthesia properly 
• Excessive bleeding
• Improperly monitored gestational diabetes of the mother 
• Shoulder dystocia, nerve injury, or another injury to the baby during the birth process
• Erb’s Palsy
• Placental abruption or placenta previa
• Prematurity due to medical errors
• Cerebral Palsy
• Surgical error during a Caesarian section

1. PRESCRIPTION DRUG ERRORS

Prescription drug mistakes often go hand in hand with misdiagnosis. Often, the wrong prescription is filled, causing the patient to consume the wrong medication.

Medication mistakes can cause severe side effects, especially if they wrongly interact with another medication that the patient is taking. To prove that you suffer from medical malpractice due to medication mistakes, you’ll be required to prove that there was negligence involved in your prescription, whether the incorrect prescription was filled or written.

1. FAILURE TO PREVENT OR TREAT INFECTIONS

The Centers for Disease Control and Prevention (CDC) estimates that 1.7 million patients acquire an infection in a U.S. hospital each year. Of those, nearly 100,000 will die from resulting complications. Medical facilities are where people go to get better, but, ironically, they can also be a breeding place for infections. If proper sterilization techniques are not used, preventable infections can occur. Failure to adequately treat an infection can also be actionable in certain circumstances.

1. ANESTHESIA ERRORS 

Anesthesia is a vital part of the medical treatment, as it prevents patients from feeling pain. Errors committed by an anesthesiologist can cause prolonged consequences, such as brain injuries, intense pain, and death.

If your doctor or anesthesiologist failed to present you with the correct instruction for pre and post surgery, or they provided you the wrong dosage of anesthesia, you may have a medical malpractice claim.

Medical negligence can also occur if a patient’s vitals are not monitored correctly while under anesthesia.

What Is a Medical Malpractice Lawsuit?

A medical malpractice lawsuit is usually filed after a doctor’s care resulted in a patient’s personal injury or death. These lawsuits will vary based on the severity and type of the personal injury, but all medical malpractice suits aim to give injured patients the compensation they deserve.

In medical negligence claims, a medical provider or facility may have:

• Failed to present an adequate standard of care
• Acted negligently
• Caused significant personal injury or death to the patient

To secure financial compensation for a harm caused by a doctor or any medical professional’s negligence, your legal team must show that the injury was the outcome of medical malpractice, meeting the criteria given above.

In Maryland, you might have a valid medical negligence case against the following, among others:

• Physicians
• Doctors
• Nurses
• Surgeons
• Physician Assistants (PAs)
• Pharmacists
• Anesthesiologists
• Emergency room staff, or
• The hospital administration.

At SG Legal Group our legal team will thoroughly investigate the circumstances surrounding your medical negligence harm. We’ll work to uncover why it occurred and who might be liable. Then we’ll diligently pursue all claims available to you.

Basic Requirements for a Medical Malpractice Claim

In order to prove that medical negligence happened, you must be able to show all of these things:

1. Existence of a Physician-Patient Relationship 

You must prove that you had a doctor-patient relationship with the doctor you are suing. It means you properly hired the doctor for your treatment and the doctor agreed to treat and be hired. For instance, you cannot claim for damages from a doctor you overheard giving advice at a party. If a physician began seeing you and treating you, existence of a physician-patient relationship can be proven easily. Questions of whether or not this relationship establishes frequently arise where a consulting doctor did not directly treat you.

1. Negligence of physician

The doctor must have been negligent in connection with your treatment or diagnosis. To sue, you need to prove that the doctor caused you injury or harm in a way that a competent medical provider, under the same circumstances, would not have. Whether the doctor was adequately careful and skillful is often at the heart of a medical malpractice suit. 

1. The Negligence Caused the Injury

The patient must prove that the doctor’s incompetence directly caused the personal injury or harm. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether the doctor’s negligence actually caused the harm. Usually, the patient must have a medical expert testify that the doctor’s negligence caused the injury.

1. The Injury Led to Specific Damages

Here are a few instances of the types of harm patients can sue for:

• mental anguish
• physical pain
• medical expenses
• lost income, and 
• lost earning capacity

Requirement of “Certificate of Merit” or “Certificate of Qualified Expert” in a Medical Malpractice Case

Under Maryland law, the plaintiff is required to file a certificate of qualified expert within 90 days of filing a Health Care Alternative Dispute Resolution Office claim. 

This is one of the requirements for a medical malpractice lawsuit. In Maryland, a malpractice claim may not continue if the plaintiff fails to file a certificate of a qualified expert within 90 days from the date of the complaint. This document attests that the departure from standards of care was the proximate cause of the harm.    

The certificate of merit usually attests that the plaintiff has a valid claim. The certification may add evidence of the expert’s qualifications, also including that the expert:

• Has a medical license
• Has practiced medicine in a related area to the claim or taught at an academic institution 
• Has certification in a related field of medicine

The purpose of the certificate of merit is to minimize the number of frivolous claims filed against physicians. With the certification, there is an extra level of support from a seasoned doctor who has examined the medical records and makes sure there was a substantial deviation from the set standard of care that caused an injury. 

Medical Experts are vital in medical negligence claims. Experts can be used to persuade and educate the jury about the specifics of medical care. A doctor can tell the jury what a doctor is supposed to do during a specific medical procedure and assist the jury in understanding what occurs if the doctor doesn’t follow standards of care. 

Timeline for a medical malpractice lawsuit

A medical negligence lawsuit can take a long time. If your case goes to trial, it may take multiple years from the time you suffer an injury before the matter concludes. If the case is appealed, it could further prolong the time to receive compensation for your harms. 

Statute of Limitations for Medical Malpractice in Maryland

A victim of medical malpractice, under Maryland Courts and Judicial Proceedings Code section 5-109, must file a lawsuit within 3 years of discovery of the injury, or 5 years of the date of the injury, whichever comes first.

Many victims of malpractice injury in Maryland still have difficulty deciding to file a claim and going through the process of finding the right attorney. The patient may have learned about the injury but not be confident if they have a valid case to recover damages. Shortly after an injury, the victim may underestimate the seriousness of their damages. It may take long time, sometimes years, before the victim knows how expensive and serious the error really is.

If a person was severely injured and lost his or her life because of a medical malpractice mistake, family members may file a wrongful death claim. In Maryland, wrongful death claims must be filed within 3 years of the death of the victim (§ 3-904).

Damages in Medical Malpractice Cases

Damages are an important element of a medical misconduct claim. Medical malpractice damages can include recovery for medical bills, pain and suffering, and decreased quality of life.

The following three categories of damages are available in medical malpractice claims:

Non-economic Damages

These non-economic damages attempt to give compensation for lost enjoyment of life, mental anguish, and loss of the support and love of a spouse. There are no set rules when it comes to calculating the value of non-economic damages, but various factors such as the duration and degree of physical suffering, the patient’s age, and witness testimony that strengthens the degree of suffering may all be considered when estimating the settlement amount.

The most common instances are:

• Physical pain and suffering
• Mental pain and suffering
• Loss of enjoyment of life

Economic Damages

Economic damages cover the more quantifiable bills caused by the medical misconduct, including medical expenses and missed work. Although there is sometimes some guesswork involved, especially when it comes to future medical bills, economic damages are usually more exact than non-economic damages.

Are there caps on damages?

Maryland imposes a cap on noneconomic 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.

Consult with a Lawyer

Many potential claimants often wonder whether consulting a lawyer is necessary, and while you are not required to work with legal counsel, often the potential benefits greatly outweigh the involved risks.

You should immediately contact our medical malpractice lawyers in Maryland if you have queries about negligent medical care that left you or your loved one dealing with serious complications. We can assist you in getting answers to your questions.

Call our experienced lawyers now or fill out our online contact form for a swift response. We do not charge a fee for an initial consultation. 

For a free legal consultation, contact us at410-344-7100.

How Much Does a Medical Malpractice Attorney Cost?

At SG Legal Group we handle all medical malpractice cases on a contingency fee basis. This means that we do not charge you anything, until, and if, we recover compensation on your behalf. If we are successful, our fee is a percentage of the recovery we secure. This percentage typically ranges from 33 & 1/3% to 40%.