Thousands of preventable medical mistakes take place every year in Maryland and throughout the United States. The consequences of these actions can be devastating to a patient. If a medical professional is negligent and fails to take proper care when treating a patient, that health care provider can be liable for any resulting injuries. Doctors, nurses, and others have a duty to be vigilant during the treatment process. If you or someone close to you has been hurt because of a health care provider’s error, you should contact a medical malpractice attorney without delay.
Pursuing Compensation after a Medical Mistake
Surgeons and healthcare professionals need to be cautious when treating patients. Each case is different, and each patient will require a different level of care. In some cases, a medical procedure may require the physician’s attention on an ongoing basis. Mistakes can arise in a variety of situations, some of which include anesthesia errors, surgical errors, labor and delivery errors, prescription medication errors, supervision errors, and misdiagnoses. When a doctor or healthcare professional is determined to be negligent because of a medical mistake, it means that they have failed to use the level of skill and precaution that another medical professional in the same specialty and geographic area would have used in the same or similar circumstances. It also means that this failure to meet the appropriate standard of care directly caused harm to a patient, who incurred damages as a result. For example, a surgeon who leaves an instrument in a patient’s body after an operation likely would be considered negligent because a prudent Maryland surgeon in good professional standing would not do such a thing, recognizing the importance of avoiding such a risk.
Medical mistakes can result in significant injury to the patient, including long-lasting or permanent disability and even death. If you have been hurt due to a medical mistake, you can seek compensation for your injuries by filing a negligence lawsuit against the responsible party. Generally, this requires expert testimony to establish the necessary elements of duty, breach, causation, and damages.
Maryland law mandates that every claim be settled or filed in court within a certain time frame, known as the statute of limitations. This rule requires that any lawsuit arising out of medical malpractice be filed within three years from the date the injury was discovered, but in any case no more than five years from when it happened. If the victim is a child, however, he or she may have more time to bring a claim. Failure to take legal action within the applicable statute of limitations could mean losing your legal right to be heard by a court altogether.