Medical Malpractice

Medical malpractice in Maryland is unique in several ways that are different then other tort negligence claims. For example while every tort is controlled by a statute of limitation the limitations period in medical malpractice cases is different then, for example, the auto accident case. In a Maryland medical malpractice case you must file suit with in the earlier of five years from the injury or three years from when the injury was discovered. See Maryland Annotated Code Courts and Judicial Proceedings Article Section 5-109, in suits against health care providers: (a) An action for damages for an injury arising out of the rendering  or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of: (1) Five years of the time the injury was committed;  or (2) Three years of the date the injury was discovered. (b) Except as provided in subsection (c) of this section, if the claimant was under the age of 11 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 11 years. (c) (1) The provisions of subsection (b) of this section may not be applied to an action for damages for an injury: (i) To the reproductive system of the claimant;  or (ii) Caused by a foreign object negligently left in the claimant's body. (2) In an action for damages for an injury described in this subsection, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations prescribed in  subsection (a) of this section shall commence when the claimant reaches the age of 16 years. (d) For the purposes of this section, the filing of a claim with the Health Claims Arbitration Office in accordance with § 3-2A-04 of this article shall be deemed the filing of an action. (e) The provisions of § 5-201 of this title that relate to a cause of action of a minor may not be construed as limiting the application of  subsection (b) or (c) of this section. (f) Nothing contained in this section may be construed as limiting the application of the provisions of :(1) § 5-201 of this title that relate to a cause of action of a mental incompetent;  or(2) § 5-203 of this title.

Another difference in a Maryland medical malpractice claim is the issue of liability. You have to appreciate that each person has a duty to each other person to act as a reasonable and prudent person. (ie: don't be careless). Officially the legal definition of negligence is "Negligence is doing something that a person using reasonable care would not do, or not doing something that a person using reasonable care would do. Reasonable care means that caution, attention or skill a reasonable person would use under similar circumstances.".  In a medical malpractice case in Maryland what defines an act of negligence changes slightly. The Courts in Maryland have defined the duty owed by a doctor. In the 1975 case of  Shilkret v. Annapolis Emergency Hospital Ass'n, 349 A.2d 245, 276 Md. 187 (Md., 1975) Maryland courts rejected the locality argument for establishing the standard of care to be exercised by doctors in favor of the national standard and further stated a physician is under a duty to use that degree of care and skill which is expected of a reasonably competent practitioner in the same class to which he belongs, acting in the same or similar circumstances. Under this standard advances in the profession, availability of facilities, specialization or general practice, proximity of specialists and special facilities, together with all other relevant considerations, are to be taken into account.

Like all other tort claim medical malpractice claims in Maryland are subject to a cap on non economic damages. Oddly in a Maryland medical malpractice claim the wrongful death and survivor actions are combined into one action and subject to a cap not to exceed $812,000.00. This cap on non economic damages often creates an outrageous result where it is cheaper to the doctor's liability insurer if the minor child  patient dies, then it is if the patient lives and is seriously and permanently injured.

I can assist you and your family if you or your child or family member have been the victim of a doctors or a hospitals careless decisions. I have provided some information below on various injuries that often arise as a result of a doctor's careless behavior. If you think you have been injured as a result of a careless doctor or hospital give me a call I will discuss the case with you right over the phone. I can travel to your home or meet you at my office, if you prefer.

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