Baltimore Medical Malpractice Lawyers
Our Firm Helps Patients Recover Damages for Doctor Negligence
Providing medical malpractice representation for Maryland victims since 1987
LeViness, Tolzman & Hamilton, P.A. is focused on personal injury and medical malpractice recovery. Through aggressive advocacy, we have won more than $100 million on behalf of our Maryland clients. We understand how devastating and personal a medical injury can be, and our Baltimore medical malpractice lawyers will treat you with compassion and respect as we fight for your rightful compensation.
What constitutes doctor negligence?
The following are examples of doctor negligence:
- Delayed diagnosis of breast cancer, prostate cancer or mesothelioma
- Inadequate prenatal care or labor and delivery negligence leading to birth injuries
- Medication errors, including the prescription of an incorrect dosage or type
- Misdiagnosis of a medical condition
Elements of a doctor negligence claim
To prevail on a medical malpractice claim against a doctor, you must prove each element by a preponderance of the evidence — meaning that your claim is more likely true than not. Elements of doctor negligence are:
- Your doctor owed you a duty. Your visit to a doctor’s office, clinic or hospital would establish the necessary doctor-patient relationship.
- Your doctor’s actions did not mirror what a similarly situated doctor would have done. Your doctor’s actions are judged against those of a similarly situated healthcare provider. For example, your oncologist is expected to recognize signs of breast cancer, whereas your dentist is not.
- Your doctor’s actions were inconsistent with the accepted standard of care. An act or omission that deviates from what is normally done in certain medical situations may be considered negligence.
- You sustained damages. To file a medical malpractice claim, you must have sustained an injury. Even if your doctor made a huge mistake, you do not have a valid claim if you were not hurt.
- Proximate cause — Your doctor’s error must be the cause of your injury and resulting damages.
Statute of limitations
Time is of the essence when pursuing compensation from negligent doctors, other healthcare personnel and medical facilities. If you miss Maryland’s deadline for filing a claim, you waive your rights to sue the healthcare providers responsible for your injuries. In most cases, Maryland’s statute of limitations is the earlier of five years from the date of the adverse event or three years from the date you discovered your injuries. For those injured before the age of 11, the statute of limitations is tolled until the child is 11 years old. The statute starts to run on a child’s 16th birthday for injuries to reproductive organs that occurred before age 16.
Maryland Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Recover Damages from your Negligent Doctors
Learn your rights in a doctor negligence claim. Call LeViness, Tolzman & Hamilton, P.A. at 800-547-4LAW (4529) or contact our firm online to schedule your free initial consultation. Your satisfaction is our main concern.