Lawyers, Answer Questions  & Get Points Log In
Maryland Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Maryland on
Q: Why the lawyer tells me to make up the amount of money to sue for? Do I or the lawyer suppose to?
Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2017

Not quite.

She or he was trying to say that it's not a fixed amount. Ask for their advice.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Dentist recommended me filling,was never in pain before,after filling in pain for more than a month,now root canal.

My dentist asked me to do filling on two tooth, I was in no pain before,I trusted him and got procedure done.Since then I am in immense pain and DR worked on same tooth's 3 times and it's over a month I am still in pain. I went to other Doctor and he say's I need root-canal on those... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Possibly. Consult a member of the Md. Assn for Justice--they give free consults. Even if it's too small for them to take, if you have another dentist you could take the one that did it to small claims court.

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: Do I have a case against my dentist shoes negligence caused me unnecessary expense and pain.

After recommendation from my Dentist I got Filling done on tooth's for which I was never in pain.The filling went wrong and Dr had to fix it which took him total 3 attempts,over one month time. This cause me pain which I am still suffering with. However, after seeing a specialist I got to know... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 14, 2017

You may but few lawyers take them. Contact a member of the Md. Assn for Justice--they give free consults and can better guide you.

2 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Maryland on
Q: I was mailed a workmans compensation first report of injury or illness form do i fill this out or my job?

I was in juried but 90 days ago after accident job put me un leave. When i schdule doctors appointment.

Andrew M. Rodabaugh
Andrew M. Rodabaugh answered on Apr 3, 2017

Typically the first report of injury is filed by the employer and it starts the statute of limitations period. The injured worker is responsible to file the claim form c30. This should be done with a workers comp attorney so that it can be done properly and not cause issues in the future.... Read more »

View More Answers

2 Answers | Asked in Medical Malpractice for Maryland on
Q: If a nurse gives you the wrong dose can you sue for malpractice?
Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 31, 2017

Yes. But you need a significant injury to justify the expense of filing a medical malpractice claim.

View More Answers

1 Answer | Asked in Medical Malpractice for Maryland on
Q: How long after a botched procedure do I have to file a law suit against the doctor?
Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2017

Three years from when you discover the injury or five years from the injury, whichever is shorter.Contact a member of the Maryland Assn for Justice--they give free consultations.,

3 Answers | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: What it means when court can't find your claim #?

Former attorney didn't file lawsuit. No information shows up when court clerk searches claim #. There is also another claim # (I think is filed with defendant's insurance). What does this mean?

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 1, 2017

Who knows? What were you told the status of the case is?

Did your lawyer say it was in suit? Do you have a copy of the Complaint? You can simply ask for it.

View More Answers

2 Answers | Asked in Legal Malpractice and Medical Malpractice for Maryland on
Q: How does lawyer suppose to return my retainer?

Using a bank check, if mailing it?

Paul D'Amore
Paul D'Amore answered on Feb 25, 2017

Unused retainer amounts are usually returned in the form of a check and can be hand delivered or mailed. The check should be accompanied by a detailed breakdown of how funds were applied to your case and an explanation for the amount being returned to you.

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: Do I need to file new expert report by a new expert witness?

The defense still haven't sent in their expert witness report and will they have too, after finding out I fired my attorney? And do I need to file new expert report by a new expert witness, before the defense finally sends in theirs?

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2017

Ask your new attorney. I assume you have one--mid way through a case is not a time to do it yourself. Look for a member of the Md. Assn for justice--they give free consults.

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Q: Do the judge have to dismiss my lawyer in my case and how will the defendants be notify?

I'm the plaintiff and fired my lawyer, my case is in court but no court dates ever been set.

Paul D'Amore
Paul D'Amore answered on Feb 7, 2017

As the client, you have a right to terminate your lawyer. He or she will usually notify the Court and the Defendants. However, you should check the scheduling order in your case. If there are deadlines coming up, you will need to secure new counsel in time to meet them. If you do not, and you fail... Read more »

2 Answers | Asked in Medical Malpractice for Maryland on
Q: I may sue for malpractice but the injuries I suffered as a result led to payments by my insurance company.

Will I have to pay the money back if I bring a lawsuit?

Paul D'Amore
Paul D'Amore answered on Feb 4, 2017

Most often the answer is yes. Private insurance contracts almost always contain terms called "subrogation clauses." These provide the insurance company the right to "stand in the shoes" of the insured (you) and recapture the money the company paid for care you would not have... Read more »

View More Answers

2 Answers | Asked in Animal / Dog Law and Medical Malpractice for Maryland on
Q: Animal case? Bladder surgery results in 2nd surgery, Dr. Error. Damaged urethra causing near death toxicity leakage

Failed bladder surgery, results 2nd emergency surgery due to missed leakage into body cavity and distending abdomen. Tubing of throat improperly during surgeries causes cuts in throats causing stricture scars. After scaring, vomiting began and lots of weight loss. Internal med specialist was... Read more »

Paul D'Amore
Paul D'Amore answered on Jan 20, 2017

I am very sorry to hear about your post-operative difficulties. I have seen many instances where the surgery that was supposed to "fix the problem" leaves the patient worse off than he/she started. Your potential case presents a long list of issues that would best be sorted out by an... Read more »

View More Answers

2 Answers | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: I would like to know if I medical malpractice lawsuit against alpha health center,located in Elkton MD.

I was recieving treatment for substance abuse issues during the summer of 2015,I was prescribed buprenorphine from DR azfeld,I was transfered to DR keith sololov due to sceduling conflicts. I saw dr sokolov only one time,on my next visit I was terminated from treatment with no just cause,they said... Read more »

Paul D'Amore
Paul D'Amore answered on Jan 13, 2017

With regard to your medical records, Maryland health care providers are required to disclose medical records within a reasonable time, but no more than 21 working days after the date a person in interest requests the disclosure. A health care provider that knowingly and willfully refuses to... Read more »

View More Answers

4 Answers | Asked in Medical Malpractice for Maryland on
Q: If you signed an informed consent can you still sue for malpractice?
Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Jan 12, 2017

Yes, yes, and yes. Informed consent just means that you consent to the procedure. You are not consenting to medical malpractice. In fact, we have a motion we regularly file to keep in informed consent that the patient signed out of evidence if it is not an informed consent case.

View More Answers

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do the defendants have 120 days to submit their expert witness report?

If they don't and if the plaintiff's lawyer never submitted to the court the amount of money the plaintiff would like, does this mean the plaintiff wins but will get no money? Thanks for answering.

Peter N. Munsing
Peter N. Munsing answered on Dec 29, 2016

You hopefully have a lawyer. Sit down and discuss this with her or him in person. Your question has too many areas that don't have information for anyone to answer your question. You don't want to put up details on a public site. Talk to your lawyer.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I think my doctor committed malpractice but I didn't always follow his instructions. Will that hurt my case?
Jack D. Lebowitz
Jack D. Lebowitz answered on Dec 21, 2016

It could. Here's why: In Maryland, if you were partially at fault in causing your injuries, you may be barred from any recovery under the law known as contributory negligence. But, having said that, your question does not provide any facts, and so, it is not possible for me to have an... Read more »

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do I suppose to receive information in mail from court or defendants?

Because my address was incorrect on HCADRO filings my lawyer office filed, I didn't want to miss out on information.

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Dec 19, 2016

That is something you want to correct quickly. Call Health Claims Arbitration (410) 767-8200. They are nice and will work with you to make sure you have everything. Put your correspondence in writing and make the same request of all parties to the litigation.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: I had a surgeon leave a half of lump in my breast, breast cancer runs in my family what should I do?
Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2016

Perhaps he thought it was non-cancerous. I'm sure if your onco knew about the family history they would have considered it.

What you do is get a second opinion if you are concerned, make sure to follow up because recurrences can happen.

View More Answers

2 Answers | Asked in Medical Malpractice for Maryland on
Q: What does informed consent consist of for a medical procedure?
Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2016

They rattle off a list of horribles (think of the disclaimers for drugs), you sign a paper saying "I get it, do it"

View More Answers

1 Answer | Asked in Medical Malpractice for Maryland on
Q: My mother passed away after what I believe was negligence during her surgery.

Can I sue for both medical malpractice and wrongful death?

Jack D. Lebowitz
Jack D. Lebowitz answered on Dec 11, 2016

Yes, in Maryland, a child (no matter how old the child is) maintains the right to sue for the wrongful death of a parent if medical malpractice or medical negligence was the cause of the parent's death.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.