Columbia Medical Malpractice Attorney
Fighting for Victims of Medical Negligence Throughout Howard County
Medical malpractice is one of the most commonly known, yet least understood, type of personal injury claim. When a medical professional is negligent, innocent victims suffer horrible, lifelong injuries, illnesses, and complications. These types of civil claims are difficult to pursue due to the complex laws surrounding medical malpractice and the fierce defenses asserted by medical professionals and insurance companies. Accordingly, if you or someone you love was the victim of medical malpractice, you also need strong legal representation from an experienced and tough medical malpractice lawyer in Columbia, MD.
The attorneys at Portner & Shure, P.A. have been dedicated to defending the rights of injured victims for over 25 years. We proudly serve clients throughout Howard County and make it our mission to maximize our clients’ recoveries so that they can heal, recover, and move forward with their lives.
To schedule a free, confidential consultation, call (855) 954-4141 or contact us online today.
What Is Medical Malpractice?
Medical malpractice occurs when a victim suffers injuries or harm due to the negligence of a medical professional. However, a poor outcome does not necessarily mean that medical malpractice has occurred. Instead, you must prove that the medical professional who treated you failed to uphold what is known as the “the standard care.”
The duty of care that medical professionals owe patients is based on the standard of care that a medical professional in the same field, with the same skill, could be reasonably expected to provide. This is a highly subjective and confusing standard. In most cases, in order to qualify an event as medical malpractice, an expert witness who practices the same type of medicine as the negligent doctor will need to testify about the standard of care and how the negligent doctor failed to meet that standard of care. Basically, a medical malpractice victim needs an independent doctor to say in court that the negligent doctor made an egregious error and not a simple mistake.
Requirements for a Medical Malpractice Claim
In order to have a viable medical malpractice claim, two things are required:
There must have been an act of negligence by a medical professional
The negligent act must have directly caused the injury, disability, or death of the victim
Additionally, before a medical malpractice claim can be pursued in court, a written claim must be filed with the Maryland Health Claims Arbitration Office.
Common Types of Medical Malpractice
Medical malpractice encompasses a wide variety of negligent acts, as well as actions not taken by a medical professional.
Medical malpractice claims may include:
Failure to diagnose
Failure to properly diagnose
Incorrect drug combinations
These are just some examples of medical malpractice claims; any time a doctor, nurse, or medical provider fails to uphold the duty of standard care, he or she has acted negligently. If a patient is injured or suffers harm as a result, he or she is entitled to file a medical malpractice claim and seek compensation.
Birth injuries and birth defects fall under the umbrella of medical malpractice, as these types of injuries often result from medical negligence.
What is the difference between a birth defect and a birth injury?
A birth defect is a congenital disorder. Defects can result from genetic issues or the mother being exposed to toxic substances or drugs. Accordingly, if a medical professional prescribes certain antibiotics—such as nitrofurantoin, anticonvulsants, or antidepressants like Paxil and Zoloft—the unborn child may suffer birth defects.
A birth injury is an injury that occurs during labor and delivery. Birth injuries often result from a medical provider performing an incorrect procedure or failing to perform a necessary procedure. Common birth injuries include cerebral palsy, brain injuries, bradycardia, and fetal distress. Birth injuries are caused by a variety of errors by medical professionals, which may include failure to monitor for signs of fetal distress, improper use of forceps/vacuum extractor, failure to order a timely cesarean section, and more.
Injuries & Damages in Medical Malpractice Claims
Medical malpractice victims often suffer severe injuries that have lasting and even lifelong effects. These injuries often cause immense, chronic pain and can also result in disfigurement. A medical malpractice victim may also find themselves unable to work due to impairments or disfigurements. Along with this, a medical malpractice victim may require additional medical treatment or corrective surgeries. All of this means that the full cost of a medical error can be exorbitant for the victim.
Maryland law permits a personal injury victim to claim economic and non-economic damages. This means that victims of medical malpractice can seek compensation for things like medical bills, lost wages, future lost earnings, and the cost of future medical care, as well as pain and suffering caused by their injuries.
Medical Malpractice Litigation in Maryland
In order to win most civil suits, the person bringing the claim must prove all elements of the claim by a preponderance of the evidence, i.e., 51%. While this seems simple enough, filing a lawsuit against a medical professional is a serious matter. Many lawyers are unwilling to represent medical malpractice victims. This unwillingness is based on their fear of the “legal firepower” that a medical professional’s insurance carrier will use to defend the claim. This fear is well-founded, as insurance carriers retain aggressive defense attorneys to defend these claims.
Additionally, medical malpractice cases require testimony from several expert witnesses. Preparing this testimony is complex, expensive, and time-consuming. Stated simply, a medical malpractice case is a continuous uphill battle. Accordingly, medical malpractice victims need representation from an equally qualified and experienced medical malpractice lawyer.
Why Hire Portner & Shure, P.A.?
The Columbia medical malpractice attorneys at Portner & Shure, P.A. have been successfully representing victims of medical negligence in Howard County courts for over 25 years. Throughout our years in practice, we have secured many favorable outcomes for our clients. We invite you to browse our many five-star reviews from past clients to learn more about how we’ve helped people in situations similar to yours.
The insurance companies know about our reputation, and they know that we are not easily intimidated. Our firm is ready to fight tirelessly for you and your recovery, whether in aggressive settlement negotiations or at trial. There are absolutely no fees unless we win your case, and your initial consultation is free.
Give us a call at (855) 954-4141 or submit an online contact form to schedule your complimentary case evaluation today.