Surgeries, while often life-saving, can also carry significant risks. A surgeon’s failure to diagnose a complication during the process might result in prolonged suffering and potentially life-threatening consequences for the patient. Under Maryland law, there are many reasons why you can sue if your surgeon failed to diagnose a complication during surgery. With the help of a medical malpractice attorney in Baltimore, you can increase your chances of securing a legal victory.
Criteria for Filing a Medical Malpractice Lawsuit
Doctor-Patient Relationship
Maryland law is precise when it comes to medical malpractice. For a valid malpractice lawsuit, the plaintiff must prove the existence of a doctor-patient relationship, the doctor’s negligence leading to injury, and that the injury led to specific damages. If the surgeon failed to diagnose a complication during surgery, and this failure can be proved as negligence, you might have a case.
The Standard of Care in Surgery
The ‘standard of care’ is a crucial concept in medical malpractice cases. This term refers to the level and type of care a competent healthcare professional with a similar background would have provided in the same situation. If your surgeon’s actions, or lack thereof, deviate from this standard, it may be considered negligence.
Since 1975, the state of Maryland has adhered to the national standard of care, meaning that doctors are required to provide the expected level of care required given their qualifications and access to relevant facilities.
Informed Consent and Its Relevance
In Maryland, doctors are obliged to inform patients of a procedure’s risks, benefits, and alternatives – a process known as informed consent. If a surgeon can prove that they informed you of the specific complications that occurred, they may argue that you accepted these risks. However, a signed consent form does not exempt a surgeon from their duty to meet the standard of care.
The Role of Contributory Negligence
Maryland is one of the few states that still adhere to the contributory negligence rule. This rule bars recovery if the plaintiff is found even 1% at fault. If it is established that your actions contributed to the failure to diagnose the complication, it could undermine your case. Therefore, proving that you followed all pre- and post-operative instructions can be instrumental in your lawsuit. Because of the high stakes when navigating your case, it is advisable to learn more from an experienced medical malpractice attorney.
Proving Negligence and Injury
Proving negligence is not as simple as showing the surgeon missed a complication. You will need to demonstrate that a competent surgeon, under the same circumstances, would not have missed the diagnosis. Furthermore, this negligence must have resulted in harm. If you experienced further health complications, physical pain, mental anguish, additional medical expenses, or loss of earning capacity as a result, you may be entitled to compensation.
Expert Testimony Requirement
Maryland law mandates the use of expert witnesses in medical malpractice cases. These experts testify about the appropriate standard of care and indicate whether the defendant deviated from it. They will also clarify if this deviation directly resulted in your injury. The requirement for expert testimony adds another layer to your case, making it crucial to work with experienced legal professionals if you are considering taking legal action.
Statute of Limitations
It’s important to note Maryland’s statute of limitations for filing a medical malpractice suit. You generally have five years from when the injury was committed or three years from when the injury was discovered, whichever is earlier. If you suspect your surgeon failed to diagnose a complication during surgery, we urge you not to delay seeking legal advice.
Impact of Damage Caps
In Maryland, there is a cap on non-economic damages in medical malpractice lawsuits. This cap limits the amount you can recover for pain, suffering, and other non-economic damages. The cap does not apply to economic damages like medical expenses and lost wages. Therefore, understanding these caps is vital in estimating potential compensation.
Filing a Certificate of Merit
Before you can proceed with a medical malpractice lawsuit in Maryland, you must file a certificate of merit. This certificate, prepared by a qualified medical expert, confirms that the healthcare professional breached the standard of care and that this breach led to your injury. This requirement underscores the importance of a qualified attorney who can connect with the right expert.
The Importance of Legal Assistance From a Medical Malpractice Attorney in Baltimore
While you can technically file a medical malpractice lawsuit on your own, the process is intricate and daunting. Given the high stakes, engaging an experienced medical malpractice attorney in Baltimore could be invaluable. They can help gather necessary medical records, secure expert witnesses, and represent your best interests, significantly improving your chances of a favorable resolution.
Experiencing complications from surgery can be distressing and life-altering. If your surgeon failed to diagnose a complication during your operation, you might be dealing with profound consequences that you deserve to be compensated for. Maryland law provides avenues for patients in your situation to seek redress, no matter what your circumstances. Remember, every case is unique, and the best way to get accurate advice tailored to your situation is by reaching out to an experienced medical malpractice attorney.