Baltimore Medical Malpractice Lawyers
Representing Victims of Hospital Negligence
Recovery for injuries sustained at Maryland’s healthcare facilities
Local Baltimore attorneys established the law firm LeViness, Tolzman & Hamilton, P.A. with a focus on injury recovery. Since 1987, our Baltimore medical malpractice lawyers have recovered more than $100 million on behalf of our injured clients. After meticulously reviewing your medical malpractice claim, we give you candid advice about what your case is worth and what we can do for you. If you were injured during a hospital procedure, we pursue the medical professionals and hospital for negligence.
The elements of hospital negligence
You must prove the following elements to prevail on a medical malpractice claim:
- The hospital breached its duty to you. Through expert testimony, our attorneys first establish the accepted standard of care as dictated by the healthcare industry. We then furnish proof of how the hospital deviated from the accepted standard of care.
- The hospital’s errors are the proximate cause of your damages. To avoid liability, hospitals will attempt to show that you are responsible for what happened. Our attorneys anticipate and prepare to counter this argument from the start.
- The hospital had a duty to you. Your admittance for a test or procedure or your visit to an emergency room for urgent care would satisfy this element.
- You were injured because of the breach. You have a valid claim only if you were harmed by the hospital’s mistakes. We rely on doctors’ notes, diagnostic tests, photographs and witness statements to show the nature and extent of your injuries. Our lawyers calculate damages based on lost wages, diminished future earning capacity, disabilities, disfigurement and medical bills.
Doctrines of vicarious liability and respondeat superior
Hospitals may be held responsible for their employees’ or agents’ actions under the doctrines of vicarious liability and respondeat superior. Vicarious liability means that the hospital may be held liable for mistakes made by another person or entity, such as its personnel or independent contractors who perform essential hospital functions.
Respondeat superior refers to an employer’s liability for its employees. This legal doctrine may apply if the facility and the negligent staff member have an employment relationship and the employee was acting in the scope of the job when making the harmful error. For example, a hospital could be sued under the concept of respondeat superior if a nurse accidentally administered a lethal dose of a medication to a patient.
A hospital’s duties to patients
A hospital also has the duty to provide its patients with safe, quality medical treatment by:
- Developing, initiating and enforcing rules, guidelines, policies and procedures
- Ensuring the competence of its staff, nurses, doctors, surgeons and anesthesiologists
- Preventing anesthesia errors
- Preventing equipment malfunction and responding appropriately if medical tools break or fail
- Preventing medication errors
- Sterilizing the air, surfaces and equipment to protect patients from infection and sepsis
- Overseeing all aspects of patient care
Maryland Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Help You Collect Damages from the Hospital Responsible for Your Injuries
Recover compensation from a negligent medical facility. Call LeViness, Tolzman & Hamilton, P.A. at 800-547-4LAW (4529) or contact our firm online to schedule your free initial consultation. Our Baltimore medical malpractice lawyers represent clients on a contingency-fee basis, so there is no cost until we recover damages for you.