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Maryland Medical Malpractice Questions & Answers

1 Answer | Asked in Medical Malpractice for Maryland on

Q: Do I have a case if my doctor wrote my perscription wrong and it caused me to get hurt at work

Tim Akpinar answered on Mar 30, 2019

It's difficult to make a meaningful assessment based on the limited facts here. You could consult with an attorney, and it is likely they would have additional questions, such as warnings for the prescription. They would likely want to know whether instructions for the medication were followed,... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on

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

Is there any legally required wait period?

Cedulie Renee Laumann answered on Dec 27, 2018

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... Read more »

3 Answers | 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 major hospital?

Mark Oakley answered on Dec 8, 2018

“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... Read more »

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1 Answer | Asked in Medical Malpractice for Maryland on

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

Mark Oakley answered on Nov 30, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Maryland on

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

for medical malpractice?

Thomas Neary answered on Nov 12, 2018

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.

2 Answers | Asked in Medical Malpractice for Maryland on

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

Tim Akpinar answered on Oct 29, 2018

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... Read more »

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1 Answer | Asked in Medical Malpractice for Maryland on

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

practicing medicine?

Mark Oakley answered on Oct 20, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Maryland on

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

or would that mean I couldn't discuss it.

Ronald V. Miller Jr. answered on Sep 7, 2018

It would depend on the terms of the settlement agreement, specifically the confidentiality portion.

1 Answer | Asked in Medical Malpractice for Maryland on

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

Mark Oakley answered on Aug 23, 2018

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,... Read more »

1 Answer | Asked in Medical Malpractice for Maryland on

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

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

Ronald V. Miller Jr. 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. 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. 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. 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. 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. 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.

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