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Maryland Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Maryland on
Q: Can a nursing home be liable for medical malpractice?
Thomas Neary
Thomas Neary
answered on Aug 10, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I feel like a doctor's treatment of my parent with lung cancer hastened her death

- am I able to sue if she was already terminal?

Thomas Neary
Thomas Neary
answered on Jul 13, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Does a statute of limitations start from the date of the procedure or when I began feeling ill?
Thomas Neary
Thomas Neary
answered on Jun 18, 2018

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...
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1 Answer | Asked in Medical Malpractice for Maryland on
Q: We were told a procedure was risky and it didn't work - can we still sue?
Ronald V. Miller Jr.
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answered on Apr 6, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do medical malpractice laws apply to nurses and other non-doctor hospital personnel as well?
Ronald V. Miller Jr.
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answered on Mar 30, 2018

Yes.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Is there a maximum amount of money I can recover if I win a medical malpractice suit in Maryland?
Ronald V. Miller Jr.
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answered on Mar 30, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Is there ever a situation where a patient injured due to a surgeon's negligence can collect punitive damages?
Ronald V. Miller Jr.
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answered on Mar 30, 2018

Good question. There is no possibility in Maryland unless the surgeon had actual intent to cause you harm.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: How serious of an injury do I need to have suffered in order to win a med mal case against a hospital?
Ronald V. Miller Jr.
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answered on Mar 30, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: My daughter's doctor took her cast off too early and she broke her leg in the same place again a week later.

Does that constitute medical malpractice?

Ronald V. Miller Jr.
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answered on Mar 30, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I just found out I was misdiagnosed and underwent an unnecessary surgery. How much can I recover? Just the bills?

Or more?

Ronald V. Miller Jr.
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answered on Mar 30, 2018

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.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: My doctor prescribed me a medication that I ended up being allergic to. Can I sue for medical malpractice?
Ronald V. Miller Jr.
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answered on Mar 30, 2018

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.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on
Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... View More

Ronald V. Miller Jr.
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answered on Mar 30, 2018

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.

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on
Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to

3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please... View More

Eric Todd Kirk
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answered on Mar 13, 2018

You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.

1 Answer | Asked in Medical Malpractice, Employment Discrimination and Employment Law for Maryland on
Q: During 90 day probation, if employee came to work sick and was sent home can that absence being used against them

60 days into a new job- I came into work throwing up but ready to work. The doctor I was working for asked me to go home. Now during my review they are using that against me saying it was an unexcused day.

Ronald V. Miller Jr.
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answered on Mar 8, 2018

This is a employment question not a malpractice question and you should probably pose your question to the employment lawyers on here.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I traveled to Mexico for cheaper plastic surgery that got botched. Can I sue the doctors down there?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 27, 2018

You'll need to ask this question of a Mexican lawyer. Maryland courts ordinarily would have no jurisdiction over a foreign doctor.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I got food poisoning while on a special diet in a hospital - does that constitute medical malpractice?
Ronald V. Miller Jr.
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answered on Dec 12, 2017

Presuming a breach of the standard of care, this is probably medical malpractice. Any smart lawyer bringing this claim would bring it as a medical malpractice claim.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Does a psychiatrist's neglect to explain the withdrawal symptoms of an antidepressant constitute medical malpractice?

My doctor prescribed me Effexor but omitted to mention the severe and long-lasting discontinuation symptoms associated with the medication. Since I have stopped taking Effexor, I have experienced a myriad of uncomfortable and disruptive side effects including disorientation, excessive sweating,... View More

Ronald V. Miller Jr.
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answered on Nov 30, 2017

In theory, yes. But it is not as simple as if X than malpractice. More to the point, it will be hard to find a lawyer who will show an interest in your claim because, thankfully, your injuries are not permanent.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: What are the laws in Maryland about getting ahold of my medical records -- can I get my wife to do it for me?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 7, 2017

Medical records are private and protected by privacy laws but a patient can grant someone else written authority to get their medical records.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: How is it possible to win a case against a doctor for failure to diagnose?
Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

If you took 100 doctors and related the facts and if 70% or more said their should have been a differential diagnosis including whatever it was, and that he should then have done tests to exclude it. Malpractice cases are very expensive and it's likely that there are problems with your case.... View More

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