Medical Malpractice Attorneys Serving the State of Maryland and Beyond
Modern medicine has advanced dramatically throughout the years, but, unfortunately, it is far from perfect. There are still plenty of incidents where doctors, nurses, or medical facilities (hospitals and nursing homes) don’t follow proper procedures in caring for their patients. This can lead to neglect, medical mistakes, misdiagnosis and even death. And it’s not just doctors who can be guilty of medical mistakes. Dentists, psychologists, podiatrists, therapists, pharmacists, and even the manufacturers of medical products themselves can be the subject of a negligence lawsuit.
All cases are handled on a contingent fee basis; you pay no legal fee or expense until we win your case. Please call 800-547-4LAW (4529) for a free consultation today. You can rely on us to do everything necessary to win your case. NEVER SETTLE FOR LESS!
Frequently Asked Questions About Medical Malpractice
Medical malpractice, also known as medical negligence, means that a healthcare provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other healthcare provider failed to act reasonably under the circumstances, causing harm to his or her patient. We believe that you have a right to know what caused your injury. Our team of Baltimore medical malpractice lawyers, working with our extensive network of experts (all our consulting doctors are board-certified and leaders in their fields), will start evaluating your case on Day One.
Typical medical malpractice claims include, but are not limited to:
Although the specific definition of informed consent may vary from state to state, it essentially means that a physician (or other medical provider) must tell their patient all the potential benefits, risks, and alternatives involved with any medical procedure, surgical procedure, or course of treatment. They also must obtain the patient’s consent to proceed with any of these treatments. If the medical professional does not offer this information or obtain consent, they could be guilty of medical malpractice or medical negligence.
While it’s hard to calculate Maryland’s medical malpractice statistics, medical mistakes are commonplace throughout the United States as a whole. A recent study by the Institute of Medicine reported that upwards of 98,000 people die each year due to medical mistakes and medical negligence. That means that medical mistakes are the 8th leading cause of death in our country.
You should talk to the experienced Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton, P.A. immediately. Even if you are not entirely sure there is a case, our lawyerswill investigate the matter, determine where you stand, and give you appropriate advice on how to proceed. The initial consultation is free, and you pay no legal fee or expense up front.
The first step in pursuing a medical malpractice claim is suspecting that one may have been a victim of medical negligence, a medical mistake, or misdiagnosis. It is important to remember that not every bad result is due to medical malpractice. But if you suspect that something is wrong, you should consult one of the qualified medical malpractice attorneys at LeViness, Tolzman & Hamilton, P.A. immediately so that we can protect the record before evidence is lost, altered or destroyed. We will give you a complete case analysis and lawsuit chronology up front so you know what to expect. Keeping you in the loop and totally informed is critical.
Our medical malpractice lawyers and medical experts will obtain and thoroughly review your medical records and other pertinent information as part of pursuing a medical malpractice claim. Patients have a right to obtain copies of their medical records. This right is embedded in Maryland law. If the records involve someone who has passed away, the process might be a little more complicated. A thorough record review is the starting point in evaluating your case. We will keep you completely informed and up-to-date as progress is made.
Generally, the statute of limitations in Maryland’s medical malpractice suits is five (5) years from the time the malpractice was committed, or three (3) years from the date the injury was discovered, whichever is shorter. There are many potential exceptions to the rule, so you should consult one of our qualified medical malpractice lawyers for more information.
In order to win a medical malpractice case, you must establish the following three (3) elements:
Negligence Negligence is the failure of a healthcare provider to act in accordance with the applicable standard of care in the diagnosis or treatment of your condition.
Proximate (immediate) Cause Proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury.
Damages Damage is the harm done to the patient that directly results from the healthcare provider’s negligence. It can be either physical, emotional, or financial harm that the plaintiff experienced as an immediate result of an act or omission to act on the part of a healthcare provider.
If you fail to prove any one of these three (3) elements, your case may be dismissed. The expert presentation of your case is essential.
Normally, a medical malpractice case will take anywhere from 1 to 3 years to fully conclude. The time varies for many reasons, including the number of parties involved, the number of depositions, the amount of investigation needed, coordinating the schedules and commitments of experts, the judge, and so forth. Most of the cases our medical malpractice team accepts eventually settle during this time. If your case is tried and you obtain a favorable verdict, the defendant has the right to appeal. If the appeal is granted, it usually takes a minimum of another year before your case is concluded and you receive the award.