A Guide to Medical Malpractice Law Suits in Maryland – Part 2

Medical malpractice laws are designed to protect patients from harm caused by medical professionals. They are laws that govern the standard of care for medical professionals, including doctors, nurses, hospitals, and other healthcare providers.

In most cases, the laws allow patients to seek compensation for any harm that results from a medical professional’s negligence or misconduct.

In the previous section, we went over the urgency of medical malpractice lawsuits and why it is imperative that you work with a lawyer as soon as possible.  But what happens when medical malpractice is only evident months or years after treatment? We explore the implications in this section.

 

What Happens with Late Discovery Malpractice Injuries?

 

Late discovery malpractice injuries refer to medical negligence cases where the patient or their family was not aware of the injury until a period of time after the injury occurred.

In this case, the patient may have difficulty proving that the injury was caused by medical malpractice, as there may have been other events that could have contributed to the injury. As such, the patient must be able to prove that the injury was directly caused by medical negligence.

The discovery rule sets a time limit for filing a lawsuit, but it states that this time limit does not start until the patient is aware of their injury, or it would have been reasonable to know they had an injury.

Even if the injured person is not aware of their injury until later, the statute of limitations may still apply if a reasonable person in the same situation would have discovered their injury.

 

What Happens with Malpractice in Birth Injuries?

 

Medical malpractice related to birth injuries can be a devastating experience for families and can have lasting effects on the health and well-being of the child. In Maryland, medical malpractice lawsuits related to birth injuries can be pursued to seek financial compensation for medical expenses, pain and suffering, and mental anguish caused by medical negligence.

In order to pursue a medical malpractice lawsuit related to a birth injury, the injured party must be able to demonstrate that the injury was caused by a negligent act or omission by a healthcare provider, and that it resulted in damages.

Additionally, an experienced attorney can help prove how the healthcare provider’s actions were negligent, and how these actions caused the injury.

 

How Fatal are Retained Foreign Objects in Surgery?

 

Retained foreign objects in surgery are a serious and potentially fatal medical error. These objects, such as surgical sponges and medical instruments, can be left inside a patient’s body after an operation. This can lead to infection, organ damage, and other serious medical complications.

If a doctor or medical professional is found to be negligent in failing to properly remove all foreign objects before closing the incision, they can be held liable under Maryland medical malpractice law. Patients who suffer from the negligent actions of a healthcare provider can seek compensation for their pain and suffering, medical bills, and other damages.

 

What is the Statute of Repose?

 

The Statute of Repose is a legal concept that limits the amount of time a medical malpractice lawsuit can be filed in Maryland. This time period begins to run from the date of the alleged medical malpractice incident.

Generally, a medical malpractice lawsuit must be filed no later than five years from the date of the incident. This statute of repose is designed to protect medical professionals from prolonged and prolonged exposure to claims against them. It is important to note that the Statute of Repose does not apply to the discovery of a medical injury. In these cases, the statute of limitations may be extended.

 

Conclusion

 

Medical malpractice laws are continually evolving, with decisions made by judges and lawmakers, in order to meet the changing needs of the medical and legal systems. Patients should also be aware of their rights and entitlements, and how to seek redress in the event of a medical malpractice claim.