Wheaton Medical Malpractice Attorneys
Serving Montgomery County & Beyond
Nowhere do people expect competence, knowledge, and skilled service more than from the medical profession. This faith is shattered when medical malpractice occurs. Victims’ lives are forever changed due the terrible injuries they suffer as a result of a trusted health care provider’s negligence. Worse yet, obtaining proper compensation for these injuries is difficult due to the complex laws surrounding medical malpractice claims and the aggressive legal defenses used by insurance companies.
If you or someone you love was harmed by a doctor, nurse, or another medical professional’s negligent or wrongful actions, it is crucial that you speak to an experienced medical malpractice attorney in Wheaton, like those at Portner & Shure, P.A. Our firm has been representing injured victims for more than 25 years; we know how to navigate this complex legal process and are prepared to advocate tirelessly for the justice and compensation you deserve.
Contact Portner & Shure, P.A. online or call (855) 954-4141 today to get started with a free initial consultation.
What Is Medical Malpractice?
A personal injury claim occurs when a negligent party breaches their duty of care which causes an innocent victim to suffer injuries. The key terms here are “duty of care” and “breach.” In a car accident case, drivers have a duty of care that is essentially defined and standardized by motor vehicle laws. A driver breaches that duty when they violate the law or do something a reasonable driver would not have done. Medical malpractice is different.
There is no law defining the duty of care that a medical professional owes to a patient. Accordingly, the way to determine the duty of care and whether or not that duty was breached in a medical malpractice case is based on what a medical professional in the same field and with the same skill would have done to treat the patient. Stated more clearly, in order to qualify something as medical malpractice, one must prove that the doctor in question failed to provide the acceptable standard of care. Often, doing this requires obtaining testimony from a medical professional who practices the same type of medicine as the negligent doctor regarding the standard of care and how the negligent doctor failed to meet that standard of care.
Accordingly, in order to have a viable medical malpractice claim, another doctor must state what the duty of care was, that the negligent doctor acted negligently, and that the negligent act resulted in a patient suffering an injury.
Common Examples of Medical Malpractice
Medical malpractice claims often involve the following:
Failure to diagnose or misdiagnosis
This list is not exhaustive; any time a medical provider breaches the standard of care and a patient is injured or suffers harm as a result, the patient may be able to bring a medical malpractice claim.
Injuries & Damages
Victims of medical malpractice often suffer severe injuries which can result in lifelong pain and disfigurement. Additionally, due to the permanent effects of these injuries, victims are often unable resume their prior lives or jobs. In many cases, medical malpractice victims require corrective surgery and future medical care, all of which can cost thousands of dollars over the course of their lifetimes.
Under Maryland law, a personal injury victim is able to claim economic and non-economic damages. Economic damages are meant to compensate an accident victim for measurable financial losses, such as medical bills, lost wages, future lost wages, and the cost of future medical care. Non-economic damages compensate a victim for intangible losses, such as the pain and suffering caused by their injuries.
Complexities Involved in Medical Malpractice Litigation
In order to win a lawsuit, the victim must prove their case by a preponderance of the evidence, i.e., 51%. In a lawsuit against a doctor, meeting this burden is difficult due to a number of factors, not least of which is the aggressive opposition put forth by the defense attorneys retained by the doctor’s malpractice insurance carrier. Stated simply, medical malpractice claims are tough to litigate and difficult to win. Many lawyers do not represent medical malpractice victims due to these difficulties. However, at Portner & Shure, P.A., we are not only prepared to represent victims of medical malpractice and negligence, but we also have a proven track record of success in doing so.
Trust Your Case to an Experienced & Dedicated Team
The Wheaton medical malpractice attorneys at our firm have been successfully representing medical malpractice victims in Montgomery County Courts for over 25 years. We understand the challenges you are up against, and we know how to fight back against defense attorneys’ tactics. We have earned numerous positive reviews from our past clients, as well as a reputation for aggressive, effective representation. When you hire our team, you do not owe any attorneys’ fees unless we win compensation on your behalf.
Contact Portner & Shure, P.A. online or call our office at (855) 954-4141 today to request your free initial consultation.