Frederick Medical Malpractice Attorneys
Fighting for the Rights of the Injured in Maryland
We trust medical professionals with our lives and expect them to care for our health and well-being. Unfortunately, innocent victims may suffer horrible and lifelong injuries due to the negligence of a medical professional.
Medical malpractice is a type of personal injury and falls under a civil claim. Hospitals, doctors, and nursing homes have a duty to care for you and your family. Overall, medical professionals benefit from a plethora of protections that make it difficult to successfully claim medical malpractice, but if you can prove a professional violated their duty of care, you can receive compensation for your injuries and suffering. Therefore, a victim of medical malpractice needs an experienced Frederick medical malpractice lawyer to help them prove liability and win maximum compensation. For over 25 years, the attorneys at Portner & Shure, P.A. have successfully fought for victims of medical malpractice in Maryland and beyond.
To learn how we can help you prove your medical malpractice claim, call (855) 954-4141 or contact us online.
What is Medical Malpractice?
Medical malpractice is negligence breaching the standard of care by a medical provider which causes injury to a patient. Medical providers include physicians and hospitals.
In general, a medical professional has a duty of care to their patient. This duty is based on the standard of care that a medical professional in the same field, with the same skill, would provide to their patient. Clearly, this is a very subjective and complex standard. Therefore, it is imperative to hire a top-rated Frederick, Maryland medical malpractice attorney to ensure that your claim is successful.
In order to qualify a medical error as malpractice, an expert witness who practices the same type of medicine as the doctor in question needs to timely certify (as mandated by Statute) about the standard of care necessary in the particular situation and how the negligent doctor failed to meet this standard. Due to the fact that individuals accept some risk when receiving medical care, 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.
Necessary Requirements for a Frederick Medical Malpractice Claim
The following components are required for a viable medical malpractice claim:
· A medical professional must have performed a negligent act
· The negligent act must have directly caused the injury, disability, or death of the victim
· Before a medical malpractice claim can be pursued in court, a written claim must be timely filed with the Maryland Health Claims Arbitration Office
Common Types of Medical Malpractice
Although there are many injuries that may occur as a result of medical malpractice, the following are the most common claims in the field:
- Surgical errors
- Anesthesia errors
- Surgical infections
- Failure to diagnose
- Failure to properly diagnose
- Incorrect medications
- Incorrect drug combination
- Birth injuries
Birth Defects & Birth Injuries
Birth defects and birth injuries are heart-wrenching results of medical malpractice in Frederick, Maryland.
Specifically, a birth defect is a congenital disorder that can result from genetic issues or exposure to toxic substances or drugs to the mother. Unfortunately, a medical professional may prescribe a mother an antibiotic that can cause a birth defect. For instance, nitrofurantoin, anticonvulsants, or antidepressants like Paxil and Zoloft are linked to birth defects.
A birth injury occurs during labor and delivery of the child. Typically, birth injuries occur because the medical provider performed an incorrect procedure or failed to perform a necessary procedure. Unfortunately, common birth injuries include brain injuries, cerebral palsy, fetal distress, and bradycardia.
Injuries & Damages in Medical Malpractice Claims
Victims of medical malpractice often suffer severe injuries with lifelong effects. The effects of a medical professional’s negligence often result in lifelong pain and disfigurement. Also, medical malpractice victims may find themselves unable to work due to the injuries sustained. Often, victims of medical malpractice require additional medical treatment or corrective surgeries.
Under Maryland law, a personal injury victim, or a medical malpractice victim, can claim economic and non-economic damages. Economic damages compensate a victim for medical bills, the estimated future cost of medical bills, lost wages, and future lost wages. Non-economic damages compensate a victim for the pain and suffering caused by their injuries.
Litigation in Maryland Medical Malpractice Claims
In Maryland, the statute of limitations for medical malpractice is three years. This means you have three years to file your claim after the medical malpractice occurred. However, if you recently discovered you were the victim of medical malpractice, like a misdiagnosis that occurred years ago, you have two years from this new discovery to file your claim.
To win your medical malpractice claim, the victim bringing the claim must prove all elements of the claim by a preponderance of the evidence, i.e., 51%. Filing a lawsuit against a medical professional is a serious and difficult matter.
In fact, many lawyers purposefully refuse to represent medical malpractice victims. This reluctance is based on the fact that medical professionals are heavily defended and protected by their insurance carriers. Insurance carriers often retain aggressive and experienced defense attorneys to defend these claims. Also, medical malpractice cases require complex, expensive, and time-consuming testimonies by several expert witnesses. A medical malpractice case is an uphill battle. However, it can be won by retaining a fierce and experienced medical malpractice lawyer.
Why Hire Portner & Shure, P.A.?
For over 25 years, the attorneys at Portner & Shure, P.A. have successfully represented medical malpractice victims in Frederick, Maryland. Our firm’s success is evident in our excellent results, countless 5-star reviews, superb ratings, and national recognition. We have a fierce reputation with insurance companies and have the leverage necessary to get you the best possible results.
Portner & Shure, P.A. receives no fee unless the victim obtains a settlement or judgment in court. To schedule a free consultation regarding your medical malpractice claim in Frederick, Maryland, contact us at (855) 954-4141 or contact us online.