Special Challenges of Malpractice Claims in MarylandJune 14, 2012
When you or a loved one suffers injury through the negligent or reckless actions of a doctor, nurse, or medical facility, you are entitled to fair compensation. However, Maryland malpractice attorneys face a special challenge in pursuing fair compensation for their clients hurt through medical malpractice. Our state is one of only five jurisdictions in the United States that still uses the antiquated rule of contributory negligence.
Under Maryland law, if a jury finds that a plaintiff’s failure to exercise reasonable care at all contributed to his or her injuries, there can often be no recovery of damages from the defendant. This is distinguishable from the rule in most states where a plaintiff may still recover—albeit a proportionally reduced amount—if he or she contributed to the accident.
Despite some pressure to move away from this harsh standard, lobbyists have resisted any change and the Maryland State House of Delegates has taken action to preserve the contributory negligence rule from judicial modification. But in spite of this less-than-ideal hindrance, Maryland medical malpractice lawyers are up to the challenge and routinely procure favorable verdicts and settlements for clients despite the additional hurdle that the contributory negligence rule presents.
If you have been injured due to medical malpractice, contact a malpractice lawyer in Baltimore at LeViness, Tolzman & Hamilton, P.A..We are prepared to rebut allegations that you contributed to your own injuries. We understand the law and the exceptions and limitations to the contributory negligence rule, and are ready to use that knowledge to pursue the fair compensation you deserve. We know what it takes to defend victims of medical malpractice against allegations of contributory negligence. Let us know how we can fight for you and get you the compensation you deserve.