You may have heard that a medical negligence lawyer can help you file a lawsuit against a doctor, but is that even an option in Maryland? Our legal team explains in the following blog post.
In the state of Maryland, it is absolutely possible for a patient to file a lawsuit against a doctor whom they believe to have acted negligently and caused them damages. And while it's easy to say that it's possible, the process for proving negligence, duty, and damages can be quite complex.
Does this mean that patients who suffered minor damages shouldn't seek justice? Quite the opposite, in fact. These victims should have no reservations about seeking legal representation, they simply must make sure that their interests align with the lawyer they are hiring.
It may sound like common sense, but it's worth repeating. For a lawsuit against a doctor to have the best chances of being successful, the relationship between the attorney and the client should be robust. To ensure this, victims should seek legal representatives whom they respect and trust right from the get-go.
Before going down the path of filing a suit against a medical professional, the statute of limitations must be taken into consideration. For those unfamiliar with the term, a statute of limitations is a law that determines a time limit for filing lawsuits of different kinds.
In Maryland, a patient generally has three years from the date the incident occurred to file a lawsuit against the doctor. Some extensions may apply for a delay in discovering the negligence, however, no medical negligence case may be brought against a doctor if more than five years have passed. In the case of minors, the time is counted from the day the child turns 18 years old.
Aside from other restrictions which may dictate the amount of compensation a victim can receive in a claim against their healthcare provider, there is also a state-wide maximum that limits the amount to be awarded for "non-economic" damages.
Types of non-economic or non-pecuniary damages can include:
The current limit in Maryland for these kinds of damages is around $830,000 for injuries occurring on or after January 1st, 2020. This amount is raised each year, though many have argued that no cap should exist, as is the case in countless states throughout the country.
As in the field of medicine, in law, there are specific areas in which legal professionals can concentrate. A corporate lawyer, for instance, would likely do a poor job as a workers' compensation attorney.
Likewise, if you are seeking to file a lawsuit against your doctor, you should seek the help of a medical negligence or medical malpractice lawyer. They are likely to be experienced in all manner of injury claims, though it's quite reassuring if they've handled the same type of case in the past. How can you know what kind of cases they've handled? Simple - just ask!
The attorneys at Blank Kim Injury Law will be glad to share their past experience with lawsuits against doctors in a free, no-obligation consultation. Call us or fill out our form to schedule yours today.
Continue Reading: Do I have a medical malpractice case?
