Maryland Medical Malpractice Questions & Answers

Q: Does a doctor break any laws dating a former patient?

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Dec 27, 2018
Cedulie Renee Laumann's answer
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?

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Q: How serious of an injury do I need to have suffered in order to win a med mal case against a major hospital?

3 Answers | Asked in Medical Malpractice for Maryland on
Answered on Dec 8, 2018
Mark Oakley's answer
“Winning” is determined not by how injured or damaged you are, but how strong your evidence is that your doctor breached the standard of care he owed to you when providing your medical care. The standard of care must be established by another physician with the expertise to define what that standard is for the type and nature of treatment you were receiving for your health issue. You would then need expert medical testimony that the doctor breached that standard of care, and that breach...

Q: Does medical malpractice laws affect veterinarians, too? Or just human doctors?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Nov 30, 2018
Mark Oakley's answer
There is a statutory scheme set up to specifically address medical malpractice by physicians (regular M.D.s), that would not apply to vets. These statutory provisions are largely procedural, but also address substantive issues related to the claims. However, the standards for professional malpractice, and the legal definitions and evidentiary standards are largely the same across all professions when it comes to proving malpractice (lawyers, doctors, accountants, architects, and, yes,...

Q: If I had a knee replacement and later find out the product was recalled before the doctor put it in me, do I have a case

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Nov 12, 2018
Thomas Neary's answer
It really will depends on the details of the case like when was the product recalled and what are the damages, but it doesn't sound good from your limited description. I would recommend you sit down and go over it with an attorney.

Q: Is there a difference between medical malpractice and regular negligence?

2 Answers | Asked in Medical Malpractice for Maryland on
Answered on Oct 29, 2018
Timur Akpinar's answer
I do not practice in Maryland but your question remains open for four weeks. The underlying concept is essentially the same. It is based upon the existence of a duty, a breach of that duty, injuries/damages, and a causal link between the breach of duty and ensuing injuries. Medical malpractice can involve other legal theories as well.

Tim Akpinar

Q: A surgeon who's now retired left a piece of equipment in me during surgery. Can I sue him even though he's no longer

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
The fact he retired is irrelevant. He can be sued. The issue is whether you waited too long to make a claim. There is a statute of limitations, which can be extended to start running from the date you discovered or should have discovered the object left inside of you. Also, unless you have complications and high damages resulting from the object and it’s removal, the cost and effort to pursue a malpractice claim may not be worth it.

Q: If I got a settlement, would I still be able to post a review of the doctor online,

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Sep 7, 2018
Ronald V. Miller Jr.'s answer
It would depend on the terms of the settlement agreement, specifically the confidentiality portion.

Q: Will my medical insurance cover my costs if I am a victim of medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Aug 23, 2018
Mark Oakley's answer
Health insurance is supposed to cover the costs of whatever medical care you need, regardless of the cause. It does not provide damages for pain and suffering, permanent impairment, loss of income, etc., caused by medical malpractice. Those types of damages are what malpractice claims are for, and are paid by the doctor's medical malpractice insurer.

Q: Can a nursing home be liable for medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Aug 10, 2018
Thomas Neary's answer
Yes, a nursing home can be liable for malpractice and there are particular standards of care that apply to them. Nursing home negligence is a regular issue in courts around the state.

Q: I feel like a doctor's treatment of my parent with lung cancer hastened her death

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Jul 13, 2018
Thomas Neary's answer
Hi - sorry for your loss.

It would depend upon the details of the case but yes, there is a possible case if a doctors negligence hastened the death of the patient. Particularly in cases of a terminal patient, shortening their time can be quite tragic.

Q: Does a statute of limitations start from the date of the procedure or when I began feeling ill?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Jun 18, 2018
Thomas Neary's answer
It depends upon the facts of the procedure and results. In some cases, it does begin on the date that you are aware of the malpractice which can be the date you began feeling ill in some instances, but you need to look at the specific facts of the case to determine which one applies.

You may want to consult with an attorney to go over the details and get a clear answer based upon all the facts.

Q: We were told a procedure was risky and it didn't work - can we still sue?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Apr 6, 2018
Ronald V. Miller Jr.'s answer
There has to be negligence. That is the key. Did they perform the risky procedure like an ordinary, reasonable prudent surgeon would. It is not the outcome that matters. It is whether a mistake was made.

Q: Is there a maximum amount of money I can recover if I win a medical malpractice suit in Maryland?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
Google Maryland malpractice cap to find out the exact numbers. It is based on the year of the injury. The pain and suffering cap this year is 800k. There is no cap on economic damages.

Q: Is there ever a situation where a patient injured due to a surgeon's negligence can collect punitive damages?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
Good question. There is no possibility in Maryland unless the surgeon had actual intent to cause you harm.

Q: How serious of an injury do I need to have suffered in order to win a med mal case against a hospital?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
You do not need a serious case to win. You need a serious case to get a lawyer interested in your claim if you want to pay by contingency fee.

How series is a sliding scale based on how obvious the malpractice is.

Q: My daughter's doctor took her cast off too early and she broke her leg in the same place again a week later.

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
I would depend on the facts of the case. A bad outcome does not mean malpractice. If you could prove that a reasonable, prudent doctor would not have taken the cast off early, you have a theoretical case.

Q: I just found out I was misdiagnosed and underwent an unnecessary surgery. How much can I recover? Just the bills?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
You could potentially recover your bills, you lost wags, and your pain and suffering damages if a jury were to find a mistake was made.

Q: My doctor prescribed me a medication that I ended up being allergic to. Can I sue for medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
As a practical matter, unless you suffered serious injuries, no lawyer would take this case. Whether you have a theoretical case would depend on whether the doctor knew or had reason to know you might be allergic to that medication.

Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.

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