Medical Malpractice
When a driver hurts someone by running a stop sign, he or she is negligent and held responsible. When a doctor or hospital runs a medical stop sign, they are responsible also. “Medical malpractice” is just another form of negligence.
The medical field has many wonderful and caring providers. Nevertheless, the sad reality is that medical errors that cause harm occur much too often. A landmark Institute of Medicine report estimated that up to 98,000 Americans die every year in hospitals due to errors. A 2016 analysis by Johns Hopkins researchers put the figure far higher — more than 250,000 deaths a year — which would make medical error one of the leading causes of death in the United States. Other studies have found shockingly high mistreatment rates - over 30% - for frequently encountered medical conditions. Disturbingly, analysis of the National Practitioner Data Bank, which tracks individual physicians’ history of malpractice payouts, shows that in state after state - including Maryland - typically 5% of doctors cause over 50% of malpractice payouts. Worse, it is extraordinarily rare for these “frequent fliers” to have their licenses suspended or revoked.
Examples From Our Practice
- Fetal monitoring: babies born severely brain damaged because signs of fetal distress were ignored.
- High-risk pregnancy: children dying in the womb because high-risk pregnancies were not identified and followed aggressively.
- Heart attack: prime working-age persons disabled for life from heart attacks after being told by an emergency department that their chest pain was muscle strain or indigestion.
- Stroke: men and women suffering massive strokes and left dependent on their spouses and children to spoon feed them because a doctor would not aggressively work them up for TIAs (transient ischemic attacks) or excruciating headaches.
Other Common Types of Medical Malpractice
- Failure to diagnose or delayed diagnosis, including cancer and infections such as sepsis
- Surgical errors and failure to monitor a patient after surgery
- Medication and anesthesia errors
- Emergency department errors, including sending patients home too soon
- Failure to act on abnormal test results or to make a timely referral
What Must Be Proven
Medical malpractice cases are very hard fought. The patient’s case has to be proven through expert witnesses - doctors - explaining what the stop signs are and how the defendant ran them. Experts also are needed to prove how the defendant’s negligence caused the patient’s harm and what that harm is. In legal terms, the patient must show that the provider breached the standard of care — what a reasonably competent provider in the same field would have done — and that the breach caused the injury.
A bad outcome by itself is not malpractice. Some treatments fail even when everything is done right. The question is whether the care fell below accepted standards and whether proper care would have made a difference. Answering that question honestly, with the help of qualified physicians, is the first thing we do.
Maryland’s Special Rules for Malpractice Claims
Maryland has special procedures for these claims. Most cases must first be filed with the Health Care Alternative Dispute Resolution Office and supported by a certificate from a qualified medical expert, generally within 90 days. Strict filing deadlines apply: in general, a claim must be filed within five years of the injury or three years from when it was discovered, whichever comes first, with special rules for children. Maryland law also caps non-economic damages in malpractice cases, and the cap changes each year. Missing a step can end a valid case, so it is important to talk with an experienced lawyer early.
Why Your Choice of Lawyer Matters
The patient needs an attorney who is able and willing to make a major commitment. The attorney must be well versed in medical issues and willing to do the hard work of enlisting the support of qualified, persuasive physicians and other experts. Medical malpractice cases require tremendous funding to pay for experts, depositions, medical drawings.
At Lambros & Lambros, we have made that commitment time and time again. Mitch Lambros has litigated medical malpractice cases in Maryland, the District of Columbia and Pennsylvania, and as President of the Maryland Trial Lawyers’ Association he helped defeat a major effort to take away Marylanders’ rights in malpractice cases. Mitch Lambros will be with you from beginning to end.
How We Evaluate a Potential Case
We start by gathering the complete medical records and a clear timeline of what happened. We then review the care with qualified physicians in the relevant specialty to answer three questions: Did the care fall below the standard? Did that failure cause harm? And how serious and lasting is the harm? We will tell you honestly what we find. Not every bad outcome is a viable case, and a careful early review protects you from spending time on a claim that cannot succeed — or from missing one that can.
Medical Malpractice FAQs
Can a family bring a claim when a patient dies? Yes. When malpractice causes a death, certain family members may bring a wrongful death claim, and the patient’s estate may have a separate claim.
Do I need my records before I call? No. Call us first. We can request the records for you.
How long do these cases take? Malpractice cases often take longer than other injury cases because of the expert review, the required filings and the defense’s resources. We will explain each stage as it comes.
Will I have to go to court? Some cases settle; others go to trial. We prepare every case for trial so that you are in the strongest position either way.
What to Do If You Suspect Malpractice
- Request copies of your medical records, or let us obtain them for you.
- Write down dates, names of providers and what you were told, while it is fresh.
- Keep bills, prescriptions and records of time missed from work.
- Do not sign releases or statements for a hospital’s insurer before getting advice.
If you are concerned that you or a loved one has been harmed by medical malpractice, please contact us or call 410-666-2200 so that we can help. Medical errors are one form of personal injury. If a serious illness caused by a medical error keeps you from working, Social Security Disability benefits may also be available. If you are unable to travel, we make house calls.
