Baltimore Medical Malpractice Attorneys

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Are you a victim of medical malpractice in Baltimore, or suspect that you might be?

Medical malpractice claims can be incredibly complex. If you or a loved one has been a victim of medical malpractice, you have a specified time period in which you are able to bring a claim. Additionally, there are a series of requirements that the state of Maryland has put into place, including requiring certification from an expert, before you are even allowed to initiate a lawsuit. This page provides an overview of what you may expect if you are pursuing a medical malpractice claim in Maryland.

Thousands of patients are killed or seriously injured every year because of medical malpractice. In Maryland, medical errors are more common than most people realize. Our practice, and this section of our website, is about leveling the playing field for patients and their families. If you were harmed by medical errors in Baltimore, or suspect that you may have been, you’ve come to the right place. Our mission is to provide comprehensive medical malpractice advice, guidance, caring and information, and to give you unparalleled expert legal representation to maximize the amount of money awarded to you and your family.

Our Baltimore Medical Malpractice Law Firm

Before we get into the details of Maryland medical malpractice, allow us to introduce you to our medical errors practice and our firm philosophy.

As a law firm, one of our primary focuses is on medical malpractice cases. We have recovered hundreds of millions of dollars for our clients, and have earned record-setting medical malpractice jury verdicts, including a $55 million verdict against Johns Hopkins Hospital. We are confident that we are the law firm that is best able to help you through the legal system and ensure that you receive the best possible financial compensation for your injuries.

If you have a Maryland medical malpractice case, we are uniquely able to help you in several important ways. Our ability to help sets us apart from other Maryland law firms that dabble in medical malpractice, or advertise for cases and then ultimately end up referring the case to us anyways. In every Baltimore medical malpractice case we give our clients:

  1. Expert assessment of the case.
  2. Highly personalized advice and counsel.
  3. Responsive guidance and support.
  4. Advancement of all expenses.
  5. The best experts, regardless of cost.
  6. Comprehensive case preparation.
  7. Proven trial advocacy.
  8. Financial staying power.
  9. The benefit of an unparalleled reputation for success in Maryland medical malpractice cases.

We believe in leaving no stone unturned, and in working on every case like it’s the most important case we’ve ever seen. This is one of the “secrets” to our record-setting trial record, and it’s the reason why insurance companies often times get reasonable when they see our names on a lawsuit.

Baltimore Medical Malpractice Lawyer With The Best Verdicts

Our law firm, Gilman & Bedigian, is founded by two partners, Briggs Bedigian and Charles Gilman. Both attorneys have extensive track records for serving their clients with diligence, dignity and integrity, and for securing significant financial awards for their clients.

Gilman & Bedigian

Attorney Briggs Bedigian has the best medical malpractice verdicts in Maryland.

Attorney Briggs Bedigian

Attorney Briggs Bedigian is one of only three attorneys in Maryland to be included in the Inner Circle Of Advocates 100 best plaintiff lawyers in the United States. Membership is limited to attorneys of exceptional qualification “who are respected among their peers and who are experienced and skillful in the handling of courtroom litigation.” Admission into the Inner Circle is based on accomplishment as a trial attorney. Attorney Bedigian has earned this elite status through delivering consistent results in medical malpractice trials. In fact, in order to join the inner circle, an attorney must have at least three verdicts greater than $1 million, or one verdict greater than $10 million in the past five years. These accomplishments are very rare amongst attorneys, and Briggs Bedigian stands out even among the elite, having earned some of the biggest medical malpractice verdicts in Maryland including one for $55 million, one for $21 million, and at least 11 others in the $1 million to $6 million range.

Comprehensive Baltimore Medical Malpractice Guide

As a patient (or loved one of a patient) who has suffered as the result of medical care, you may be at an information deficit. That is why we’ve created this guide to the Maryland medical malpractice system. Throughout this guide, which consists of more than 500 pages of medical malpractice information, you’ll find articles about nearly every type of medical malpractice claim, and learn the duties and liabilities of every major participant in the healthcare system.

The medical malpractice information on our website is divided into three main categories, with hundreds of subcategories.

Section 1: What is medical malpractice in Maryland?

Maryland Medical Malpractice Overview: In this section we start by looking at some sobering medical malpractice statistics, and then we examine the various types of errors and procedures that lead to patients being injured or killed as a result of medical malpractice.

The major topics include:

Maryland Birth Injury Malpractice: Negligence during the birthing process can leave children and families devastated and needing emotional and financial assistance for a lifetime. This section we look at some common types of medical malpractice at birth including:

Prenatal Care Malpractice: Negligence or neglect during pregnancy can lead to serious lifelong consequences. If you are pregnant, we recommend reading this section. And if you suspect negligence during your prenatal care, we hope that this information will help you understand what your rights are, and what should have been done. Medical malpractice during the prenatal period can arise from:

Surgical Errors: Amongst the most common causes of patient injuries and deaths in Maryland are surgical mistakes. If you or a loved one have experienced an unexpected result or complication during or after an operation, it may be due to medical malpractice. Some of the most common surgical errors include:

Diagnostic Errors: One of the most common causes of medical malpractice in Baltimore are diagnostic errors. Here are some of the more common subjects of misdiagnosis, delayed diagnosis, and failure to diagnose:

Prescription Errors: Prescription medication mistakes are extremely common. These errors occur in hospitals, in pharmacies and based on the dangerous interaction of drugs. 

Emergency Room Errors: Medical malpractice occurs in the emergency room because of a number of different types of errors which include incorrect diagnosis, delays in treatment, medication errors, laboratory errors, improper diagnosis and failure to follow up. There are countless other types of errors and conditions that occur in emergency rooms that can lead to injury or death including, unsanitary conditions, improperly trained medical staff, EMT errors, x-ray errors and dumping patients for financial reasons.

Hospital Injuries: Patients are injured in hospitals every day. It’s more common in Baltimore and throughout Maryland than most people think. When you are injured in a hospital, the hospital may be liable to pay for damages. This liability may be in addition to the liability of the individual provider responsible. Hospitals may be responsible for paying for your injuries based on actions of their employees, keeping incompetent doctors and other medical workers on staff, creating or failing to fix dangerous conditions, and may other causes.

Defective Medicine or Equipment: When prescription or over-the-counter medication is defective, it can cause physical or other injuries. The defects are not limited to the drugs themselves, but improper labeling and warnings can also be a defect that causes injury or death.

Negligent Intubation: ‘Intubation’ is the procedure of inserting a plastic flexible intubation breathing tube, or endotracheal tube, into the airways to help a patient breathe. Doctors and EMTs regularly intubate patients. When done negligently, the results can be disastrous.

Anesthesia Errors: There are a number of ways anesthesia can go wrong and result in extremely serious complications, or even death. Complications can be due to overdoses, adverse effects and various other complications.

Plastic Surgery Malpractice: If a plastic or cosmetic surgeon or any other healthcare professional involved in the procedure fails to provide proper patient care, patients may suffer unnecessary injuries and may have good reason to pursue a medical malpractice action.

Wrongful Pregnancy: Tubal ligations and vasectomies are procedures that are used as an effective means of birth control, keeping a woman from becoming pregnant or keeping a man from inseminating. Sometimes these procedures result in pregnancy due to the negligent practices of doctors who failed to effectively complete them.

Section 2: How The Maryland Medical Malpractice System Works

Baltimore Medical Malpractice Lawyer Charles Gilman

Attorney Charles Gilman

The Maryland medical malpractice is complicated, and takes years to learn how to navigate. We hope that this section gives you a good understanding of the complexity of these cases. And remember, we are here to help guide you through the system. We make sure that nothing gets missed so you can focus on healing while work to maximize the amount you collect from your case.

Maryland medical malpractice law and process: In this section we take an in-depth look how the medical system and the legal system work together in Maryland. At the intersection of both of these areas is what is collectively called “Maryland Medical Malpractice Law.” The system is complex and detailed. This section is meant to give you a good understanding of how your case may proceed. We hope that it also helps you understand your rights, both before and after you enter the medical system.

Part of bringing a successful medical malpractice lawsuit on your behalf is determining whether healthcare errors or negligence caused the injury or death.

To determine whether a doctor or healthcare provider is responsible under Maryland’s medical malpractice laws, it is necessary to look at the several things. In this section we discuss acceptable care and liability for medical malpractice in Maryland. We introduce you to the medical malpractice standard of care, look at where the standard of care comes from, and discuss specific physician duties to patients in Maryland.

When considering which medical providers and which hospitals, equipment companies and drug companies may ultimately be responsible for compensating you for your medical malpractice injuries, it is important to understand vicarious liability in medical malpractice cases.  

Section 3: Who is responsible for medical malpractice in Maryland?

Baltimore Medical Malpractice By Provider Type: In this section we take a comprehensive look at each type of doctor and other healthcare provider. This is necessary because different practitioners have to follow different standards of care. For that reason, an act (or failure to act) by one doctor may result in medical malpractice, were the same act or omission by a different type of doctor may not be considered malpractice.

A big issue in medical malpractice cases involves identifying those who are responsible for your injuries. A patient may be unclear if the injury was caused by their doctor, nurse, physician’s assistant, anesthesiologist, or the hospital administration. This is why most medical malpractice cases begin with naming all individuals and entities who were involved with the negligent care.

Throughout the litigation process, investigation, depositions, and expert review, the case is generally narrowed down to those who were directly involved in causing the patient’s injury. This may involve multiple parties, including the hospital or medical center involved in the negligent treatment. Through vicarious liability, an employer may be held responsible for the negligence of their employees.

How Maryland Law Defines “Health Care Provider”

Generally when we think of a malpractice lawsuit, we imagine a surgeon or physician as the defendant. However, there are an array of medical professionals who can be held liable in an action for malpractice. In addition, organizations, such as hospitals, can also be named as a defendant. Maryland law defines a “health care provider” as encompassing the following organizations:

  • a hospital
  • a related institution (defined as an organized institution, environment, or home that maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for 2 or more unrelated individuals, who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary and healthful environment, and admits or retains these individuals for overnight care [4])
  • a medical day care center
  • a hospice care program
  • an assisted living program,
  • a freestanding ambulatory care facility

As well as the following medical professionals:

  • a physician
  • an osteopath
  • an optometrist
  • a chiropractor
  • a registered or licensed practical nurse
  • a dentist
  • a podiatrist
  • a psychologist
  • a licensed certified social worker-clinical
  • a physical therapist

that is licensed or authorized to provide one or more health care services in Maryland. [5]

The law specifically states that “any nursing institution conducted by and for those who rely upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination” does not fall under the definition of “health care provider” and therefore can not be named as a defendant in an action for medical malpractice in Maryland. [5]

Medical Errors Are The Third Leading Cause Of Death

While many medical professionals provide excellent care to their patients, it is important to note that, as of 2014 preventable medical errors are the third leading cause of death in the United States. Many of these errors occur during surgery.

A recent study found that between 210,000 and 440,000 patients die each year in the United States as a result of preventable errors that occur during hospital care. Additionally, the advocacy organization, Patient Safety America, found that 21% of hospital error cases between 2002 and 2008 resulted in serious harm to patients.

The Medical System Suffers From A Power Imbalance

Thousands of patients are killed or seriously injured every year because of medical malpractice. In many cases, the patient or their family is never even aware that a medical mistake was responsible for their injury. Some doctors even try to cover up their mistakes, hoping that no one discovers that they were responsible for the damage caused.

As patients, people put a lot of trust in our doctors and nurses. We trust them to take care of our loved ones, give them their full care and attention, and do everything they can to keep them safe and healthy. Unfortunately, all too often, doctors and medical staff fail to give patients their full attention, ignore warning signs, and act carelessly when dealing with patients. This can lead to serious injury or death, leaving the patient and their family suffering the consequences.

This is why it is important to hold negligent doctors accountable for their errors. Filing a medical malpractice claim may help other families avoid a similar tragedy in the future.

The hospital and doctor’s office can be an intimidating place for many people. When faced with an illness or injury, these are places we visit in order to be healed, so that we can move on with our lives.

How Medical Malpractice Fits Into The Maryland Legal System

In Maryland, Medical malpractice is generally considered a part of personal injury law. In a personal injury lawsuit, the injured party, and in some cases their family members, can seek damages from the individuals or company responsible for causing the injury. In a medical malpractice case, the injured party is usually a patient, and those allegedly responsible may be doctors, surgeons, hospitals, or other healthcare workers. The damages involved may include medical bills, lost wages, pain and suffering, and other applicable damages.

Doctors generally are not actively looking to hurt or injure patients. Instead, a medical malpractice is similar to a claim of negligence. In a negligence case, the plaintiff must show that the defendant breached a duty of care owed to the plaintiff and that breach caused harm to the plaintiff. In a medical malpractice case, the medical professionals are held to the standard of care of a reasonably skilled healthcare professional with similar training and education, in a similar medical community. The plaintiff must show the health care professional’s conduct fell below the standard of medical care, which caused the patient to suffer damages.

For example, a patient who felt a lump in her breast may go to see her doctor. The doctor may then have the patient undergo an ultrasound and a tissue sample biopsy. If the lab results come back negative for cancer, but the ultrasound is reported as suspicious, the doctor should have a follow-up test done to come to terms with the conflicting findings. Instead, the doctor discharges the patient and says they are fine.

Months later, when the patient goes to another doctor, they learn that they have a cancerous mass that was allowed to grow and spread over those critical months. The patient may have cancer advanced to a stage that they would not otherwise have had if the first doctor had not made such a serious mistake. In this case, the doctor may be found liable for the patient’s injuries if they failed to exercise the degree of care and skill that would be expected of a reasonably prudent doctor under similar circumstances. A failure to diagnose breast cancer claim may be filed, and the patient may be entitled to substantial financial compensation.

In some cases, the patient may not have to show that a doctor was directly negligent. Instead, the proof of the injury itself may be enough to hold the doctor or hospital responsible. Under the theory of res ipsa loquitur, or “the thing speaks for itself,” negligence can be inferred from the nature of the injury. An example would be the case of a patient who finds that a surgical tool was left inside their body after surgery. The patient may not be able to point directly to the surgeon or operating room nurse as the one responsible for leaving the tool behind after the procedure. However, leaving a surgical tool behind is not the kind of thing that normally occurs unless someone acted negligently.

Additionally, the patient could not be responsible for placing the surgical tool in their own body. The medical staff would have had exclusive control of the surgical tools during the procedure. No one else could have been involved in leaving a surgical tool behind. If the patient is able to show these elements, then the burden would shift to the medical staff to show that they were not responsible for leaving the tool behind.

EXPERT WITNESS REPORTING AND TESTIMONY

An expert witness is a party who is a specialist in a particular field, who is permitted to present her expert opinion without having been a witness to any occurrence relating to a lawsuit. If a medical malpractice claim proceeds to trial, both the plaintiff and the defendant may put forth testimony from expert witnesses, including those in the medical profession.

In addition, to properly initiate a medical malpractice claim in the state of Maryland, within 90 days from the date of filing a complaint, must file a certificate of a qualified expert which attests to a departure from the standard of care, and that this departure was the proximate cause of the alleged injury. [9] In order to meet the statutory definition of “a qualified expert”, a medical professional shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant’s specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action. [10]

Next, the defendant must file a certificate of a qualified expert attesting to compliance with the standards of care, or that the departure from the standards of care is not the proximate cause of the alleged injury, within 120 days from the date the plaintiff served the certificate of a qualified expert. [11]

ARE SOME PARTIES IMMUNE FROM MEDICAL NEGLIGENCE CASES?

The law specifically states that “any nursing institution conducted by and for those who rely upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination” does not fall under the definition of “health care provider” and therefore can not be named as a defendant in an action for medical malpractice in Maryland. [12]

In addition to these institutions, governmental bodies enjoy certain immunities/caps on liability in medical malpractice actions. The liability of the state of Maryland as well as county governments may not exceed $200,000 to a single claimant for injuries arising from a single incident or occurrence. [13]

The Maryland Medical Malpractice Statute Of Limitations

In the State of Maryland, injured individuals have to file a lawsuit within a certain time period, or their claim may be barred by the statute of limitations. Most personal injury cases have a three-year statute of limitations, or three years to file the legal claim. However, in medical malpractice cases, a legal action must be commenced within five years from the date of the injury, or three years from the date the injury was discovered.

Under the discovery rule, the statute of limitations does not begin to run until the injury is discovered, or should reasonably have been discovered. For example, if a doctor left a surgical sponge inside a patient’s body after surgery, it may take the patient years before they learn that the sponge was left in their body, causing injury. Generally, the statute of limitations does not begin to run until they discover the injury.

If the injured party is a minor child, the statute of limitations generally does not begin to run until the child turns 18. This means that in most cases, a child injured in a medical malpractice case has three years after they 18 to bring a lawsuit when they turn 21. However, as with all statutes of limitations, there are exceptions. You should contact your attorney as soon as possible to discuss your case. Filing your case even 1 day too late may mean that you will lose any chance at recovering damages.

SUING FOR MEDICAL MALPRACTICE IN MARYLAND

Depending on the circumstances of your case and your age, you will have a set period of time to file a medical malpractice claim in Maryland. Maryland state law has articulated who may be named as a defendant in a medical malpractice claim, as well as which parties are either immune or have their liability capped at a certain amount. Any defendant in a malpractice case is entitled to raise the defense of contributory negligence, which holds that a plaintiff may be barred from recovery if he or she is in some way responsible for the injury.

In the majority of cases, parties are able to settle the claim prior to a trial. However, even if you secure a successful outcome, Maryland law will cap your recovery at a certain amount, depending on the type of damages which have been awarded to you.

Examples Of Medical Malpractice In Maryland

There are many common examples of medical malpractice cases. They can involve relatively minor injuries, or they can be tragic cases involving multiple patients suffering serious injury or death. Medical mistakes can happen at any point when dealing with a doctor, hospital, clinic, nurse, or other healthcare professionals. It could involve a doctor prescribing the wrong medicine, failing to give the proper warning, making a mistake during surgery, failing to diagnose a disease, or discharging a patient too early.

Prescription medication errors are common medical malpractice cases. Many patients are prescribed multiple medications by multiple doctors. Some of these medications may have serious side effects when combined with other drugs. This can cause serious injuries to the patient who is unaware of the dangers posed by their medications. In other cases, a doctor may prescribe the wrong medication or the wrong dosage.

Failure to diagnose or misdiagnosis can have tragic effects on patients and their families. Doctors undergo years of training and practice before they are licensed to practice medicine. They are supposed to use their training to properly diagnose a patient, and if they are unsure of the diagnosis, they are to get additional information or another opinion. When the doctor misses the right diagnosis, the patient’s condition could get worse, or the doctor could be treating the wrong disease, harming the patient even further.

In many hospital settings, controlling the spread of infection is a serious concern. Some patients walk into the hospital with only a minor injury and walk out with a serious life-threatening infection. When proper sterilization procedures are not followed, the patient can unknowingly be exposed to serious infections. Infections can make injuries more difficult to heal, cause additional scarring, and in some cases, lead to death. One of the more common and serious infections is MRSA, a staph bacteria that is resistant to many antibiotics. It can cause pneumonia, bloodstream infections, and sepsis. When a doctor negligently uses the same instruments on multiple patients without proper sterilization, they could cause serious injury to their patients.

It may seem difficult to believe but there have been numerous cases of doctors operating on the wrong patient or the wrong body part. Patients have had the wrong kidney removed, the wrong eye removed, and even the wrong testicle removed. Other doctors have mixed up patients, giving the wrong person the wrong procedure, including limb or organ removal. These cases often involve surgeons who refuse to use surgical checklists or doctors who are in too much of a hurry to double check they have the right patient. Only after the patient wakes up do they learn about the extreme mistake made, leaving them to suffer the consequences.

Birth injuries are tragic and all too common. Birth injuries can harm both the mother and the baby. Common birth injuries include shoulder dystocia causing brachial palsy, facial paralysis when doctors put too much pressure on the baby’s head with forceps or other extractors, and brain injuries from lack of oxygen. These can leave a child with permanent physical injuries, mental and physical handicaps, and can even lead to the child’s untimely death.

Anesthesia is a part of almost every surgical operation, including many elective surgeries and dental procedures. Anesthesia can also be very dangerous. Administering general anesthesia is like placing the patient in a medically induced coma. Patients are generally rendered unconscious, unresponsive, and unable to feel pain. However, if the patient is not properly monitored, their heart may stop or they may stop breathing. A patient can quickly suffer a cardiac arrest, fall into a coma, or die.

Plastic surgery errors are some of the most common elective surgical mistakes. Individuals hoping to go into surgery to for a new appearance may not come out of surgery at all. Medical mistakes may involve puncturing organs with a liposuction cannula, bacterial or viral infections, and anesthesia complications. Many patients leave a plastic surgeon with significant scarring, a distorted appearance, uneven fat distribution, burning pains, and other long-term injuries. In many cases, victims of plastic surgery mistakes are embarrassed about coming forward to pursue a claim because they blame themselves for the doctor’s negligence.

Although it may not be common, there are cases of doctors misdiagnosing patients on purpose so that they can order unnecessary tests and procedures to increase their profits. It is unbelievable that a doctor would put a patient at risk of further injury or put them through the pain of a false diagnosis just to make money. Unfortunately, patients have to be vigilant about making sure their doctor really has the patient’s best interests at heart.

When a patient goes into surgery, they usually understand that all surgical procedures care some risk of injury. However, they do not expect a surgeon to drop a pair of scissors, a towel, or a sponge inside the body cavity before sewing the patient back up. Unfortunately, leaving foreign objects inside a patient’s body is not an uncommon medical mistake. Patients are often left for weeks or months, suffering pains or infections without understanding why. When they discover the surgical team left a foreign object behind, the doctor may even try and avoid blame for their mistake.

How Do You Know If Your Injury Is Due To Medical Malpractice?

One of the biggest problems with medical malpractice cases is that patients may never know that their doctor made a mistake. If a surgeon makes a mistake during surgery and no one else notices, they may not be likely to admit to it. The patient may be unaware they were injured, or think that the injury was just an unfortunate complication of surgery.

Patients generally don’t have the training, knowledge, or medical understanding to recognize when they were injured due to medical malpractice. If the doctor actively tried to hide their mistake, it may even be difficult for another doctor to notice the medical error. If you suspect that your doctor made a mistake, is not telling you the whole story, or you suffered an unexplained injury related to medical care, you may want to talk to an experienced medical malpractice attorney.

Your medical malpractice attorney will understand what to look for to identify incidents of malpractice. They have experience working with doctors and nurses, reading medical records, and investigating cases of medical malpractice. Your case may be reviewed by medical experts who understand the standard of care for the medical professionals in your case. Your attorney will act as your advocate to investigate your case to determine whether your injury was caused by a negligent doctor, nurse, or hospital. They will fight to get you and your family the compensation you deserve and hold accountable those who caused your injuries.

Medical Malpractice Is Common In Baltimore

Unfortunately, in addition to the inherent risk that accompanies any medical procedures, there is also the risk that the negligence or error of a doctor or nurse could cause a patient to suffer even more. When this happens, it can be an incredibly confusing experience. Most patients aren’t medical experts themselves, and it can be difficult to figure out what actually happened during a procedure. Hospitals have extensive risk management departments that have the ultimate goal of protecting the best financial interests of the institution, not helping you or your family to understand what went wrong and get the help you need to fix it.

WHAT IF I AM PARTIALLY TO BLAME? CAN I STILL RECOVER MONEY FOR MARYLAND MEDICAL MALPRACTICE?

As of 2016, the state of Maryland is one of only a handful of jurisdictions in the United States that continues to adhere to the doctrine of contributory negligence. Contributory negligence is a legal defense to liability in negligence, strict liability, and intentional tort cases. Under this doctrine, if a defendant can prove that the plaintiff was at fault for his or her injuries, (even if that fault was minimal) he or she would be completely barred from recovery.

For example, imagine if a physician erroneously prescribed a high dose of opioid painkillers to a patient based on bodyweight and other relevant factors. However, that evening the patient consumes a glass of wine with his prescription, mixing alcohol and opioids, which is expressly forbidden on the packaging of the medication. If the patient were to suffer serious medical consequences as a result of the dosage, it is possible that he would not be able to recover any damages from the physician, if she can prove that the plaintiff was partially to blame for his own injury due to the fact that he consumed alcohol with his medication.

Contributory negligence is viewed by many attorneys and advocacy groups as an unduly harsh and outdated legal doctrine. The majority of states have adopted a doctrine of comparative negligence, which apportions liability and damages in accordance with fault. In the above example, if the court were to find that the plaintiff was 20% at fault for his own injuries due to the fact that he consumed alcohol with his medication and the physician was 80% at fault for prescribing an incorrect dosage, any recovery in the case would be reduced accordingly. If the total damages were found to be $100,000, the plaintiff would be awarded 80,000, as the total would be appropriately adjusted to demonstrate the fault on the part of the plaintiff.

Baltimore Medical Malpractice Advocates For Patients And Their Families

That’s where we come in. Our team will put nothing but your best interests first as we investigate what occurred and determine who was at fault for your injury. Our staff physician works closely with our attorneys and the other members of our legal team to discover any medical errors that resulted in further injury, aggravation of an existing condition, missed diagnosis, or other negative effects.

A medical error was not your fault. You and your family placed your trust in the person you selected to heal you. The fallout from a medical error can be disastrous: physically, emotionally and financially. You should not be forced to pay for the mistake of a professional you trusted to provide you with adequate care. Our team is exclusively focused on helping victims and their families fight for just compensation. We know what it takes to win, and our strategies have helped clients recover millions of dollars.

Getting Help For Your Medical Malpractice Case

When we take on a case, we are fully prepared to fight for you and your family. The vast majority of personal injury cases settle long before ever reaching the inside of a courtroom. With so few cases ever going to trial, it can be tricky to find a lawyer with extensive in-court experience. At Gilman and Bedigian, we are particularly experienced in complicated cases that end in trial.

We handle our cases on a contingency basis, meaning that you aren’t required to pay any attorney fees unless we win your case. Your time should be devoted to healing and helping your loved ones to recover and move forward with life in a positive way.

Please feel free to call us any time at (800) 529-6162. Our team is here to help and will always take the time to discuss the details of your situation, without any obligation from you. It’s extremely important that you feel confident choosing a lawyer to fight for your rights, and we are here to listen help when you need it most.

A medical malpractice claim is one that is brought by a person who was injured while receiving medical care. “Malpractice” is a term that specifically refers to the action or failure to act by a medical care provider that results in the treatment falling below the accepted standard of practice in the medical community that results in injury or death to the patient.

Bringing A Claim For Medical Malpractice In Baltimore

If you or someone you love has been injured due to a medical error in the Baltimore area, you have the ability to bring a claim for damages in order to offset the costs associated with the injury or death. A successful claim could win you monetary compensation for medical costs, lost wages, and other costs incurred as a result of the injury.

Plaintiff
The plaintiff is the person or organization who initiates a lawsuit. In medical malpractice claims, the plaintiff is typically a patient who was injured, or, in the case of a patient who is unable to act for themselves or a wrongful death claim, a person legally entitled to act on the patient’s behalf.

Defendant
The defendant is the medical care provider. Depending on the circumstances of the injury, the defendant could be an individual (such as a doctor or nurse) or an organization (such as a hospital or nursing home). It is important to note that when the defendant is an individual, even though we often think of a doctor being the defendant in a medical malpractice claim, this is not always the case. Any individual who provides any type of medical care owes a duty to the person receiving care, and therefore nurses, medical assistants, pharmacists, physical therapists, and many others could potentially be named as a defendant in a medical malpractice claim.

SETTLING MEDICAL MALPRACTICE CASES IN MARYLAND

The Maryland Uniform Arbitration Act articulates the procedures which must be followed in order to resolve a medical malpractice claim in the state of Maryland. [14] In addition to setting forth the rules of procedure for malpractice claims, the Act established the Health Care Alternative Dispute Resolution Office (HCADRO). If both parties agree, the claim can be settled in arbitration by a HCADRO panel.

Arbitration is a simplified way of settling a dispute without going to trial. In an arbitration, all participants agree that a neutral third party (sometimes one individual, or sometimes a group of individuals) will act as the decision-maker. This body will review all evidence, hear testimony, and render a decision on a claim. In the case of a Maryland medical malpractice claim, the HCADRO panel will act as decision maker. Each HCADRO panel will include an attorney, a health care provider, and a member of the public. [15] However, either party to the claim may waive this process and pursue the claim through civil court. This is the most common route that parties chose to take in the majority of Maryland malpractice claims.

However, even if the parties chose to pursue the claim in civil court, they may settle the claim before it reaches the trial stage. In fact, the vast majority of claims are settled prior to reaching trial. The parties can negotiate on the terms all throughout the pretrial process, and may reach a settlement at any point in time. In addition to negotiation, parties in civil court may engage in alternative dispute resolution.

Within 30 days of the filing of the defendant’s answer to the complaint or the defendant’s certificate of a qualified expert, the parties may choose a mediator, neutral provider, or individual to conduct a settlement conference. [16] If the parties do select such a provider, they must notify the court of the name of the individual. If the parties do not notify the court that they have chosen a mediator within this time period, the court shall assign a mediator, neutral provider, or individual to conduct a settlement conference to the claim within 30 days [17] However, if both parties file with the court an agreement not to engage in alternative dispute resolution, and the court finds that alternative dispute resolution would not be productive, it will not be imposed. [18]

A settlement conference is a meeting of both parties to the claim, with the goal of resolving the claim without proceeding to trial. A designated neutral party will facilitate the presentation of evidence and will advise both parties on what manner of settlement may be in their best interests. If the parties do agree upon a settlement at this stage, it can be presented to the court for approval.

LITIGATING MEDICAL NEGLIGENCE CASES IN MARYLAND

A claim for medical malpractice in Maryland begins with the filing of a complaint. From here, parties have many routes to chose from in determining the best way to settle their dispute. Many times, the claim is settled prior to trial. However, some complex issues on which the parties cannot agree do proceed to either a bench or jury trial. If one party believes the trial court inappropriately handled a legal issue, the case may be appealed to a higher court.

INITIATING THE CASE

If the parties to a medical malpractice claim do not wish to engage in a Health Care Alternative Dispute Resolution Office (HCADRO) Arbitration Panel, they will proceed to civil court. The first step in commencing a lawsuit is when the plaintiff files a complaint in the appropriate court. [19] A complaint is a document that states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for relief. It must include a “clear statement of the facts necessary to constitute a cause of action and a demand for judgment for the relief sought.” [20] In addition, when initiating a medical malpractice claim in the state of Maryland, within 90 days from the date of filing a complaint, must file a certificate of a qualified expert which attests to a departure from the standard of care, and that this departure was the proximate cause of the alleged injury. [21] In order to meet the statutory definition of “a qualified expert”, a medical professional shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant’s specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action. [22]

Next, the defendant must file a certificate of a qualified expert attesting to compliance with the standards of care, or that the departure from the standards of care is not the proximate cause of the alleged injury, within 120 days from the date the plaintiff served the certificate of a qualified expert. [23]

The next steps, as described above, would be the parties either agreeing not to enter into a form of alternative dispute resolution and seeking approval from the court to avoid such a process, or to engaged in a settlement conference in order to facilitate resolution of the claim.

PREPARING FOR LITIGATION

After the complaint and answer have been filed, the parties may begin the discovery process. This involves gathering all facts, evidence, and any other information which may be relevant to the case.

This can include requests for the production of documents, such as medical records, and physician notes, as well as formal questions for the opposing party, either in writing, or by way of a deposition. A deposition is an out-of-court statement which is given under oath and will be recorded for later use in litigation. A plaintiff will usually be deposed, during which representatives for the defense will ask questions about the case. Your attorney will be present during a deposition and can advise you on certain questions, and has the ability to make objections if necessary. Interrogatories are written questions that are submitted to the opposing party and must be answered in writing under oath. If a party decided to use an interrogatory, the questions will be sent to the opposing party’s counsel and there will be a set period of time during which the questions may be answered.

A subpoena is a written court order which requires the opposing party to produce evidence such as notes, records, or other documents. You are required to comply with any subpoena you receive.

Additionally, during the discovery process in a medical malpractice case, the plaintiff may have to undergo a physical examination by medical professionals who are working for the defense. This purpose of this examination would be to ensure that the injuries the plaintiff is claiming to have sustained are accurate as well as to verify the extent of the severity of any injuries.

PRETRIAL LITIGATION

When we think of civil litigation, the image which usually appears is one of a courtroom battle. However, the majority of personal injury cases do not reach the trial stage. Most are resolved before ever reaching the inside of the courtroom. The parties are permitted to agree to a settlement at any point during the pretrial process. As mentioned above, the parties may voluntarily agree to a settlement conference, during which a neutral third party will review the evidence and facilitate a discussion of the merits of both parties’ claims, in order to attempt to reach a mutually beneficial outcome.

However, if the parties are unable to come to a settlement agreement early in the process, this does not mean that the case will be headed for trial. Many times a settlement will come much later in the pretrial process, after a significant portion of the discovery has been conducted. At this point in time, both parties will have access to the materials which support the claim of the opposing party, and therefore will be in a better position to determine exactly on what terms they would be willing to settle. Again, it is important to remember that your attorney will never agree to a settlement offer without first discussing it in detail with you, and making sure you understand both the terms of the settlement and the consequences of accepting the agreement.

TRIAL

If the parties are unable to reach a settlement during the pretrial phase, the case will go to trial. During trial, all evidence which has deemed to be admissible will be presented to the ‘trier of fact.’ A trier of fact in a person or group of people who hear testimony and review evidence in order to rule on a factual issue. There are two potential triers of fact in a personal injury case in the state of Maryland: a judge (this is known as a bench trial) or a jury (this is known as a jury trial).

A jury is a group of citizens selected at random. In Maryland, you are qualified to be a juror if you are at least 18, an American citizen, and a resident of the city or county where you would serve. Jurors are selected at random from one of several lists including the state’s voter registration lists and the Motor Vehicle Administration’s list of driver license and identification card holders. Civil cases typically have six people on the jury, plus one or two alternate jurors. The alternates become jurors if a jury member cannot complete his or her service. Otherwise, alternate jurors are dismissed after closing arguments.

However, in a bench trial, the judge decides questions of fact as well as questions of law. The process is the same as that of a jury trial: the judge hears evidence put on by the plaintiff and defense. However, the judge, at the same time he or she is hearing evidence, is also making any rulings regarding admissibility of evidence, etc. The advantage of a bench trial is they are usually much quicker than a jury trial. In addition, there is no right to a jury trial in some civil cases, so a bench trial will be required.

APPEAL

If a party to the malpractice claim believes that the judge made a legal error during the course of the trial, they may attempt to appeal the decision. An appeal is a legal procedure in which a higher court reviews the actions of a lower court and determines if the law was applied appropriately. An appeal is very different than the initial trial : no testimony or evidence will be examined; the trier of fact will only focus on the legal issue(s) brought up by the party who appealed (known as the appellant). In the state of Maryland, the Maryland Court of Special Appeals and Maryland Court of Appeals are the appellate courts who will hear decisions appealed from the District Courts and the Circuit Courts of Maryland.

Elements Of A Baltimore Medical Malpractice Claim

In order for a plaintiff to bring a successful claim of medical malpractice, 5 elements must be met. These include:

1. A Duty Was Owed

The defendant must be legally obligated to act (or not act) in a certain way towards the plaintiff. There must be a responsibility that the defendant owes to the plaintiff. For example, if you are a surgical patient who is undergoing a procedure, the surgeon, along with your entire medical team owes you (as the patient) a duty to provide you with the accepted standard of medical practice for the particular procedure.

2. This Duty Was Breached

The next element which must be proven is that the defendant breached the duty that was owed to the plaintiff. The defendant must have acted in a manner that was unreasonable given the circumstances. For example, if during the above-mentioned surgery, your surgeon fails to wash his or her hands prior to beginning the procedure, this would be a manner that is unreasonable given the circumstances of what is happening.

3. The Breach Caused an Injury

For a successful claim of medical malpractice, it must be demonstrated that the breach of duty committed by the defendant caused an injury. In the example from above, if the surgeon failed to wash his or her hands, completed the operation, and the patient recovered successfully, with no complications such as an infection, a successful claim could probably not be pursued. Breach of a duty is not enough; an injury must have been caused by this breach.

4. Deviation From The Accepted Standard

In addition, the action (or failure to act) on the part of the medical professional must have been a deviation from the accepted standard for whatever medical care is being provided. Following along with our hand-washing example, a surgeon operating in a hospital would be held to a much different set of standards than an Army field medic. Failure to wash hands prior to performing surgery in a hospital is much different when compared with failure to wash hands before attempting to stop bleeding on a battlefield.

5. The Injury Resulted in Damages

Finally, there must be damages that occurred as a result of the injury. If an infection did result from a physician’s failure to observe hand-washing standards, and the infection resulted in 3 extra days of hospitalization and 2 days of inability to work, damages could possibly include the extra hospitalization costs as well as the lost wages. Please see below for additional information on the types of damages that may be available to plaintiffs in a medical malpractice claim.

Bringing a Baltimore Medical Malpractice Claim to Trial

If all of the elements of a medical malpractice claim appear to be satisfied, the plaintiff’s attorney will file suit. The defendant will then have the opportunity to respond to the claim. There are a series of procedures that follow, depending on the nature of the claim and the particular jurisdiction in which it was filed. To give a general overview, both sides should have an opportunity to obtain and review all relevant evidence.

At any point prior to the trial date, the parties have the ability to come to a settlement agreement. The vast majority of personal injury claims in the United States are settled before trial; about 10% (or even less) eventually see the inside of the courtroom. If the parties do settle, they will set out the terms in a document that both parties will agree to abide by, and this will be the conclusion of the claim.

If the case does go to trial, it may be heard by a jury or decided by a judge (this is known as a “bench trial”). What exactly happens during the trial is highly dependent on the type of claim, but generally both sides will present the testimony of expert witnesses (those with highly specialized knowledge of the medical field) and any other evidence relevant to the case. The finder of fact (either the jury or the judge) will make the ultimate decision of who was to blame for the incident, and will issue a verdict that is in accordance with that finding.

Damages in Maryland Medical Malpractice Cases (What Can You Collect?)

After a medical injury, patients and their families may wonder how a lawsuit can make things right. No amount of money can make up for a serious injury, permanent disfigurement, or loss of life. However, compensatory damages are intended to put the injured party back into a similar position they would have been but for the injury. This may be difficult to quantify, especially because damages are usually made up of economic and non-economic damages.

The term “damages” refers to an award given by the court to a party it has deemed to have suffered an injury due to the fault of the defendant. These damages are intended to place a victim in the position he or she was in had the injury never occurred. There are generally two types of damages: those which seek to compensate the injured party for monetary losses and those that seek to compensate the injured party for non-monetary losses.

Monetary Losses

Economic damages involve the actual financial costs of experiencing the injury, trying to recover from the injury, and if applicable, the costs of living with the injury. This is usually comprised of medical bills, the future cost of medical bills related to the injury, lost income, and future lost earning potential.

Medical treatment can get very expensive, very quickly. After seeing a doctor who negligently injures their patient, the patient may have to undergo follow-up procedures to correct the mistake. In most cases, even though the doctor was responsible for the mistake, the hospital will still charge the patient. Through filing a medical malpractice lawsuit, the injured patient can seek compensation from those who caused the injury.

If a doctor or nurse caused the patient to suffer a lifelong injury, damages may also include future medical costs. This may be more difficult to quantify because they are seeking damages for treatment that has not yet occurred. Future medical costs usually involve a medical expert or economic expert providing a report on what future medical costs might be.

Some of the most worrisome expenses for a patient injured in a medical malpractice incident involve the loss of work income. Even if an employee has a good job, and their employer has allowed them time off for the injury, those days off can quickly be used up. Many people injured in a medical malpractice case even lose their jobs because they are not able to do the same work they could do before the injury.

Damages can include lost wages and the loss of future earning capacity. Lost wages usually amount to the amount of money lost from not being able to work due to the injury. If the injured individual is not able to return to work or has to return to light-duty work, then the future loss of income can be included in their damages. For young individuals who have only begun to work, the loss of future income may amount to a significant sum because of their lost opportunities.

Often times when someone is serious injured, they incur significant expenses. One of the main goals of a malpractice claim is to help the victim and their family relieve the burden of such expenses. Monetary losses can include:

  • Medical Expenses: Damages for medical expenses can include hospitalization, surgery, rehabilitation, and any other medical treatment the victim has received. In addition, damages can cover future medical costs. This is done by determining what the victim’s medical needs are and calculating the amount of total anticipated costs for the rest of his or her lifetime.
  • Costs of a Life-long Impairment or Disability: Unfortunately the type of injuries caused by medical malpractice can be so severe that they will affect a victim for the rest of his or her life. This could range from loss of motion to a certain degree to severe disability. Compensatory damages for a lifelong medical condition could include the cost of long-term nursing home care, or making a home wheelchair-accessible.
  • Lost Wages: The recovery time following a serious injury can often take a very long time. In some instances, the injury prohibits the victim from returning to the occupation he or she was engaged in prior to the injury, and/or limits the victim’s earning capacity for the remainder of their life. Therefore, compensatory damages for lost wages can cover not only wages lost due to post-injury recovery, but also the reduction in lifetime earning potential.
  • Funeral Expenses: In the cases where the victim of malpractice has passed away, there can be an enormous financial burden on his or her family to cover the cost of funeral expenses. A claim brought on behalf of the victim can help the family recoup these expenses.

Non-Monetary Losses

Non-economic damages may be more difficult to quantify. This includes compensating the injured individual for their pain and suffering. Family members of the injured individual can also seek damages for their loss of support and loss of consortium.

Pain and suffering can be some of the most significant damages in a medical malpractice case. For example, if a doctor amputates the wrong leg of a patient, that individual has to live the rest of their lives without a leg that they would have otherwise have had but for the doctor’s negligence. How can you compensate someone who had their leg wrongfully removed and has to live the rest of their life suffering the consequences?

Many medical malpractice cases leave the injured patient suffering short term pain as well as long-term pain and suffering. Incidents, where the individual suffers significant scarring, disfigurement, or burn injuries, will leave them with lifetime reminders of the injury they endured. This can result in physical pain, as well as emotional suffering.

  • Pain and Suffering: A severe injury can have serious effects on a person’s mental health. In addition to compensation for the pain caused by malpractice, damages can be awarded for the emotional distress (suffering) a person experiences following malpractice.
  • Loss of Consortium: This category of damages is available to the spouses or partners of malpractice victims. If the victim passes away, or becomes permanently disabled in a life-altering way, the spouse may be able to seek compensation for loss of affection, companionship, comfort, and assistance.

Punitive Damages In Medical Malpractice

Punitive damages are distinct from compensatory damages. These types of damages do not seek to restore victims to their pre-injured state; rather they seek to ‘punish’ defendants when their actions warrant punishment.

Statutory Medical Malpractice Damage Cap In Maryland

The Maryland Medical Malpractice Damages Cap:The State of Maryland places a cap on the amount of non-economic damages in a personal injury or wrongful death claim, including medical malpractice cases. This amount changes each year by statute. Every October 1st, the cap is raised by $15,000. If your cause of action arises on or after October 1, 2015, the non-economic damages are limited to $815,000. After October 1, 2016, those damages are limited to $830,000. For cases after October 1, 2017, the non-economic damages are capped at $845,000. Non-economic damages in wrongful death actions are also capped.

Statute of Limitations In Baltimore Medical Malpractice Cases

If medical malpractice has been committed, the injured party has a specified amount of time during which he or she may bring a claim against the medical provider responsible. This time period is articulated in law and is known as a “statute of limitations”. These laws were created so that claims are brought in a reasonable amount of time and any evidence remains accessible to both parties.

Maryland law requires that any party wishing to bring a malpractice claim against a health care provider must do so within five years of the time the injury was committed, or three years of the date the injury was discovered. [1]

In some cases, such as wrongful death, or when a blatant medical error is made (such as operating on the wrong body part), a victim of medical malpractice and/or their loved ones will immediately be aware that something has gone wrong. However, often times the error can go undetected immediately following a medical procedure, for example a patient may not know a sponge was left inside a body cavity during surgery until years later, when he or she begins to experience pain due to the resulting infection. This is why the law in Maryland grants an exception to the five year statute of limitations and gives potential plaintiffs three years following the date of when the injury was discovered. In addition to exceptions granted to malpractice victims who may not be aware of their injury, the law enumerates certain exceptions for victims of malpractice who are minors at the time of their injury.

If the victim was under the age of 11 at the time the injury was committed, these time limitations do not commence until the victim reaches age 11. However, these do not apply if the injury at issue was to the reproductive system of the victim or the injury was caused by a foreign object negligently left in the claimant’s body. [2] If the claimant was under the age of 16 at the time the injury was committed, the time limitations shall commence when the claimant reaches the age 16. [3]

Some Of Our Million-Dollar Maryland Medical Malpractice Jury Verdicts

These cases represent awards to plaintiffs in medical malpractice cases in Maryland. It is important to note results in the past are no guarantee of results in subsequent cases with similar circumstances.

$21,000,000.00 – Norfleet v. Harbor Hospital – Brain Damaged Baby  

$55,000,000.00 – Martinez v. Johns Hopkins Hospital – Birth Injury

$2,000,000.00 – Lawani v. Hayes, M.D. – Emergency Room Negligence

$2,000,000.00 – Abid v. St. Joseph’s Medical Center – Negligent Obstetrical Care

$1,800,000.00 – Sheldon v. University of Maryland Hospital – Infectious Disease Error

$1,000,000.00 – Pittman v. Mid Atlantic Cardiology – Cardiologist Malpractice

$ 5,360,000.00 – Berger v. Chucker, M.D. – Undiagnosed Colorectal Cancer

$3,500,000.00 – Gomez v. University of Maryland Medical System – Failure to Treat Infection

$3,000,000.00 – Evans v. University of Maryland Medical Center – Birth Injury, Erbs Palsy Brachial Plexus Injury

$1,400,000.00 – Campbell v. Qureshi, M.D. – Infectious Management Error

$2,500,000.00 – Williams v. Hemphill – Obstetric Malpractice

$1,400,000.00 – Buttion v. Johns Hopkins Hospital – Cardiology Surgical Error

$4,200,000.00 – Richard and Gail Dallatezza v. Charles L. Schnee, M.D. and Hennessy, Shuey, & Schnee, Chartered – Post-Op Negligence

Our $55 Million Dollar Baltimore Medical Malpractice Verdict

In March 2010, Ms. Martinez went into labor. She was planning on having a natural birth at home, with the assistance of a midwife and a doula. Ms. Martinez was in the first stage of labor for 14.5 hours and in the second stage of labor for at least 5 hours. The baby’s position was occiput posterior, meaning that unlike the usual position, the baby’s face was pointed towards Ms. Martinez’s spine. Her midwife attempted to perform procedures which would allow Ms. Martinez to have a vaginal birth, but once it became apparent that this would not be a possibility, the midwife phoned an ambulance.

Ms. Martinez was taken to Johns Hopkins Hospital, where the medical team realized the baby was not receiving sufficient oxygen and an “urgent” Caesarean section would need to be performed. However, despite putting a “rush” on blood tests administered prior to the C-section, Ms. Martinez still waited for hours in the hospital for the procedure. When her infant son was born, he suffered from cerebral palsy, retardation, and other disorders.

Martinez sued Johns Hopkins hospital, alleging that the delay in beginning the C-section caused the baby to be without oxygen for an unnecessarily long period of time, leading to the birth defects he suffered. The jury found in favor of Martinez, and awarded her son, Enzo Martinez, $4 million for lost wages, $25 million for future medical expenses, and $26 million for noneconomic damages.

HOW TO FIND THE BEST MARYLAND MEDICAL MALPRACTICE LAWYER FOR YOUR CASE

If you or a loved one has been the victim of medical malpractice, one of the most critical steps you can take towards ensuring that you are appropriately compensated for the losses you have suffered is to hire an experienced medical malpractice attorney. The options may seem overwhelming at first, but there are some questions you can ask the law firm or attorney you are considering hiring to make sure that you have the best match. Think of an initial consultation as your chance to “interview” an attorney. Medical malpractice cases can often take a significant amount of time and therefore it is imperative that you feel comfortable with and confident in your legal counsel.

What type of law does the attorney or firm practice?

This may seem obvious, but many times attorneys will practice in a variety of practice areas. The more narrow focus a lawyer or firm has, the more you can be confident that they are well-versed in intricacies of medical malpractice.

What resources does the attorney or firm have at their disposal?

Medical malpractice claims can be incredibly complex. Because the traditional layperson on a jury is unable to comprehend the majority of what goes on during a medical procedure, it is necessary to have expert witnesses explain how the malpractice occurred. Does the firm you are interviewing have a good relationship with expert witness(es)? Some firms who specialize in medical malpractice even have a physician on staff who works closely alongside the legal staff while litigating the case./p>

Do I feel comfortable with the attorney (and/or their staff)?

Due to the nature of a medical malpractice case, you may be required to share substantial medical information with your legal team. You should feel comfortable and confident with your attorney and any support personnel, such as a paralegal, that you may be working with throughout the duration of the case. You should also feel that you are treated with respect and that your legal team will be dedicated to keeping you up-to-date on the progress of your case. You could ask the attorney who will be your point of contact as the case progresses.

Maryland Medical Malpractice Help By County

We help victims of medical malpractice throughout Maryland. For county-specific information, and information about specific hospitals, please use the map below:

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Legal Representation for Medical Malpractice in Baltimore

It can be incredibly difficult to know if you or someone you love has been the victim of medical malpractice. Sometimes the injury can be obvious; other times it may take years to realize what has happened. This is why it is critical to meet with an experienced attorney to discuss what happened to you. At Gilman and Bedigian, we specialize in medical malpractice claims and have a lot of experience helping people in Baltimore. We work closely in conjunction with our staff physician to give each case the individualized attention it deserves. You are always welcome to give our office a call to discuss your case with no obligation whatsoever.

FOOTNOTES

[1] Maryland Code § 5-109 (a)

[2] Maryland Code § 5-109 (b) (1)

[3] Maryland Code § 5-109 (b) (2)

[4] Maryland Code §19–301

[5] Maryland Code §3–2A–01. (f)(1)

[5] Maryland Code §3–2A–01. (f)(2)

[6] Maryland Code §11-108 (a)(2)(i) (1)

[7] Maryland Code §11-108 (a)(2)(i) (2)

[8] Maryland Code §3–2A–09. b) (1) (i)

[9] Maryland Code §3–2A–04. (b) (1) (i)

[10]Maryland Code §3–2A–02. (c) (2) (ii) A.

[11] Maryland Code §3–2A–04. (b) (2) (i)

[12] Maryland Code §3–2A–01. (f)(1)

[13] Maryland Code §12–104. (a) (2)

[14] Maryland Code §3–234.

[15] Maryland Code §3-2A-05

[16] Maryland Code §3–2A–06C. (e) (1)

[17] Maryland Code §3-2A-06C (f) (1)

[18] Maryland Code §3-2A-06C (b) (1)

[19] Maryland Rule 2-101(a)

[20] Maryland Rule 2-305

[21] Maryland Code §3–2A–04. (b) (1) (i)

[22] Maryland Code §3–2A–01. (f)(1)

[23] Maryland Code §3–2A–04. (b) (2) (i)

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