Medical Malpractice Lawyer Baltimore MD
How is the award for a medical malpractice claim determined?
Before any reputable firm would address this question, any medical malpractice lawyer Baltimore, Maryland residents turn to will want to ensure that malpractice has occurred. Only then might there be a potential for an award. Medical malpractice is defined as a negligent act committed by a medical professional that results in injury or death of a patient. As a lawyer can explain to you, medical malpractice cases are one of the most difficult cases to argue because of the complex healthcare system and laws. Before you can move forward with your medical malpractice claim, your case has to be evaluated to be sure that malpractice has occurred.
What is hospital malpractice?
Losing your loved one as a result of medical malpractice is a painful and devastating experience. When a medical professional failed to provide care to your loved one and resulted in their death, you can take legal action against them. Handling medical malpractice cases should only be left to a highly experienced lawyer as they are quite complex. They are tough to win, since hospitals often have powerful legal teams of their own who are ready to combat lawsuits brought against them.
Hospital malpractice can take many forms and consists of a patient who suffers harm in some way due to the action or inaction of a hospital employee. Examples of medical malpractice include prescription errors, failure to diagnose an illness, surgical errors and more. Though hospital malpractice is often associated with doctors, doctors are usually not employees of the hospital as they most often have their own practices. If your doctor, our medical malpractice lawyer can determine if they were employed by the hospital or are self-employed. This will clarify which party should be held responsible for your injury. In some cases, more than one party will be named as the defendant.
Malpractice has occurred when two conditions are satisfied:
- A hospital, doctor, or other health care professional has caused injury to a patient
- The injury was caused by negligence or omission. Negligence could be the result of an error in diagnosis, treatment, aftercare, or health management.
Assuming these two conditions are met, it is understandable for you to want to know upfront how much compensation you are entitled to receive. But any medical malpractice lawyer Baltimore, MD trusts will tell you that every case is unique with many variables in play. There are many things that have to be considered in a medical malpractice case. Some of the factors that affect compensation include the type of injuries, number of injuries and their severity. Calculating damages can be hard to do on your own, and only a trained and skilled lawyer can determine the most accurate compensation amount for you. A consultation with a medical malpractice lawyer in Baltimore, MD is the first step you should take when you believe you are the victim of malpractice; the attorneys at Greenberg Law Offices can assess the unique aspects of your case and offer an educated estimate of the amount for which you should be entitled to receive.
When should I hire a hospital malpractice lawyer in Baltimore, Maryland?
Greenberg Law Offices represents persons who have suffered catastrophic injuries at the hands of negligent medical providers located in Baltimore, MD. We recognize the life-changing significance of a major injury and the need for receiving a fair settlement as soon as possible from the negligent party. It’s unfortunate that victims of malpractice accidents often do not receive fair compensation without quality legal representation. If you or your family member was injured in this way, or if you lost a loved one because of malpractice, contact our office immediately to schedule a consultation with our hospital malpractice lawyer.
Who may be culpable in a medical malpractice suit?
Because the circumstances of hospital malpractice accidents vary widely, nearly any hospital employee could be identified as culpable depending on their actions or inaction. It is not just hospitals, doctors and nurses who can be held liable in a medical malpractice case. Dentists, chiropractors, physical therapists and other professionals in healthcare can also be sued for malpractice. Here are several examples of how one or more employees might be identified by our medical malpractice lawyer as partially or wholly liable for your injury:
- A hospital facilities staff member or nurse moves or otherwise comes into contact with sterilized instruments in advance of them being used in surgery. They do not sterilize the instruments before they are used in the procedure. As a result, the instruments are contaminated and, when used in a surgical procedure, leading to the patient suffering a life-threatening infection.
- A nurse administers the wrong medication to a patient or else the dosage is too high or too low. After consuming the medication, the patient experiences symptoms that cause them pain. As a result, the patient’s condition worsens or they have a severe allergic reaction to the wrong medication or dosage.
- Hospital staff fail to recognize the hazard of a spilled substance or wet floor while cleaning it and do not section it off. As a result, a patient slips and falls, suffering a serious injury as a result.
- A nurse does not follow the doctor’s medical care instructions for a patient and decides to provide them care according to their preferred methods. The patient’s condition worsens as a result.
- A nurse does not “turn” a patient often enough while they are in the hospital bed. As a result, the patient develops severe and painful bedsores which subsequently lead to a life-threatening infection.
These are just a few examples of malpractice scenarios that patients may experience. If you or a loved one has suffered an illness or injury because of a medical professional’s negligent actions, be sure to take action soon by contacting a medical malpractice lawyer to have your case evaluated. You may be entitled to compensation that can cover the amount of your losses. If you pursue legal action against the responsible party, you can not only obtain assistance for yourself, but you can prevent a tragedy happening to another patient as well. Learn more about your rights as a malpractice victim now.
If you are filing a medical malpractice claim, a lawyer can determine which damages that you can recover. The types of damages that can be recovered in a medical malpractice claim will depend on several factors, such as the extent of your injuries, missed wages, and other related expenses. Figuring out the full list of damages you can recover can be hard to do alone, so trust a medical malpractice lawyer to compile the list. An experienced Baltimore medical malpractice lawyer will carefully consider three types of damages in your case; these are economic damages, non-economic damages (also referred to as pain and suffering damages), and punitive damages.
- Economic Damages: These are damages that are most easily calculated. They are the quantifiable damages that are a result of medical malpractice such as lost wages, medical expenses, costs for services that you can no longer provide for yourself, and those related to treatment such as home alterations to allow for wheelchair access and travel costs for family members who may be required for extra care.
- Non-Economic Damages: The more difficult to determine damages, non-economic damages are an attempt to quantify with a dollar amount your pain and suffering due to the malpractice. While there is no universal formula, insurance companies use injury valuation systems or software. These systems determine a value for your damages based upon the extent to which several factors are involved due to the malpractice. These include hospitalization, treatment type, treatment length, the need for physical therapy, whether there were delays and gaps in treatment, medication, and level of impairment. The medical malpractice lawyer Baltimore, MD relies on to ensure they are compensated fairly will then apply a multiplier from one to ten times the economic damages based on multiples used in similar situations, considering all the evidence of the case, the seriousness of injuries, length of recovery, and whether you recovered completely.
- Punitive Damages: These damages are not generally available in Maryland in malpractice suits. They are used to punish the negligent party and serve as a deterrent to others from engaging in similar conduct. Punitive damages do not result in monetary compensation awarded to victims who file medical malpractice suits.
As a medical malpractice lawyer Baltimore, MD has trusted for 50 years, it is important to note that every state has different laws governing malpractice suits. These laws are highly complex and are always evolving. Maryland passed a law in 2009 to cap the amount of punitive and non-economic damages that can be awarded in a malpractice lawsuit, but this cap does not apply to economic damages. For lawsuits filed in 2017, the cap is $785,000 and that amount increases by $15,000 each year. A special case of malpractice, wrongful death cases in which there are two or more claimants or beneficiaries, uses a cap that is 25% greater than the normal malpractice cap for that year.
With legal assistance from a lawyer who has experience handling medical malpractice claims, you are much more likely to recover compensation. If you believe you are the victim of malpractice, call Greenberg Law Offices, a medical malpractice lawyer Baltimore, MD trusts today.
Electronic Records and Malpractice
A Baltimore, MD medical malpractice lawyer knows that, according to national data, more than 80 percent of all physicians and 90 percent of all hospitals use electronic health records (EHR) to keep track of patient history. These records are supposed to minimize the risk of mistakes on patients’ records, thereby keeping them safe. But one major study revealed that the number of EHR-related medical malpractice lawsuits is on the rise.
The study was conducted by the Doctor’s Company, which is a physician-owned medical malpractice insurer. The study analyzed EHR malpractice claims that were filed during a two-year period. According to the data, 58 percent of the claims were caused by user factors. Examples of these errors include data entry errors, copying and pasting progress notes, and alert fatigue.
Another 50 percent of claims were caused by system failures, such as issues with the design or technology used or a lack of integration of the EHR systems in the hospital.
The majority of events took place in the patient’s room, compared with other events that happened in emergency rooms, doctor’s offices, ambulatory/day surgery centers, and labor and delivery. No matter where incidents like these occur, a Baltimore, MD medical malpractice lawyer can help victims get the financial compensation they may be entitled to.
The researchers in this study compared their data to an earlies EHR-related malpractice study and found the areas of medicine that showed an increase in claims were emergency medicine, obstetrics/gynecology, and orthopedics.
- The most common EHR-related reasons for malpractice claims filed were:
- Incorrect information at 13 percent
- Pre-populating/copy and paste at 13 percent
- Hybrid health records/EHR conversion issues at 13 percent
- User error (other) at 12 percent
- Training and/or education at 7 percent
- Alert issues/fatigue, user-related at 2 percent
- Computer order entry workarounds at 2 percent
The study also highlighted some of the cases to show how dangerous these errors can be. In one case, the hospital patient was suffering from weakness of his extremities caused by cervical vascular malformation. For four days in a row, the attending physician entered identical progress notes on the patient’s chart, noting no change in the patient’s condition. This despite documentation made by nurses and physical therapists of the patient’s worsening neurological condition.
On the fifth day, a physical therapist spoke with the physician about the patient’s deteriorating motor strength. The physician ordered a new neurosurgical consult, but he again entered the same progress notes. The patient did undergo surgery, but it was too late. The result was the patient is now a quadriplegic. During the malpractice lawsuit, experts testified that the physician’s notes were all identical because he had copied and pasted each entry, instead of entering new notes about the patient’s deteriorating condition.
Tragically, as a medical malpractice lawyer in Baltimore, MD can attest, these types of incidents are becoming more and more common.
Malpractice and Heart Attacks
A Baltimore, MD medical malpractice lawyer understands that it is estimated that more than 250,000 people suffer severe attacks in this country every year. One study conducted by the American Heart Association found that heart attack patients who go to the hospital at night, on weekends, or on holidays have an increased risk of dying compared with heart attack patients who arrive at the hospital during regular business hours.
The study examined the data of heart attack patients from approximately 500 hundred hospitals over a three-year period. Researchers looked at more than 43,000 records that included 16,000 heart attack patients who had arrived during business hours and another 27,000 who had arrived during non-business hours.
When a person is suffering a heart attack, there is usually some kind of blockage that is restricting blood flow to the heart. In order to clear that blockage and allow the blood to flow smoothly through the arteries again, doctors will perform an angioplasty on the patient. The quicker a heart attack victim has an angioplasty, the stronger their chances are of surviving the attack, and the less damage may be done to the heart itself.
Researchers determined that for heart attack victims who arrived during business hours, the average time it took to perform an angioplasty was 56 minutes. But for patients who arrived during non-business hours that amount of wait time before the life-saving procedure jumped to 72 minutes.
This study raises critical points regarding the wide difference in the care patients received based on their arrival time at a hospital. But the time of day should a patient has a heart attack should not determine their chances of survival. If you or a family member has suffered from illness or injury due to medical negligence, contact a Baltimore, MD medical malpractice lawyer to find out what your legal options may be.
Frequently Asked Questions About Birth Injuries
Nothing is more important to new parents than the health and wellness of their newborn baby, and they place tremendous trust in medical professionals to monitor, protect and safely deliver a perfect little one. However, pregnancy and childbirth are inherently risky, and many factors are at play. If your child is born with an unforeseen injury or disability, you may have difficulty understanding how and why it happened.
Here are the answers to some frequently asked questions about birth injuries that you need to know when deciding how to react to your experience.
What Is a Birth Injury?
The term “birth injury” refers to pain, trauma or physical impairment to your child during or following delivery. Minor wounds during childbirth are common, not severe and do not require additional medical intervention. However, some birth injuries are more critical, resulting in permanent disabilities resulting in life-long care and treatment. Some common birth-related injuries include:
- Medication-related reactions
- Spinal cord damage
- Oxygen deprivation
- Cerebral palsy
- Brain injury
- Forceps or vacuum extraction complications
If your child has suffered as a result of the birthing process, a medical malpractice lawyer in Baltimore MD can help you determine if the facts of your case meet the standard for legal compensation.
What’s the Difference Between a Birth Injury and a Birth Defect?
After a difficult delivery, new parents often struggle to understand the nature of their baby’s injury. While birth injuries often occur because of the negligence of healthcare professionals, birth defects are congenital, meaning they are present in the womb and generally caused by genetic mutations or exposure to toxic chemicals. A thorough investigation into your prenatal, delivery, and post-delivery care is necessary to determine whether your baby’s suffering was avoidable or not.
If your child’s ailments are determined to have been caused by a birth-related mishap, a professional medical malpractice lawyer in Baltimore MD at the Greenberg Law Offices are ready to help you navigate the medical malpractice suit process.
Who Is Responsible for a Birth-related Injury?
Birth injuries occur when healthcare professionals fail to follow standard medical protocols. Common mistakes include failing to diagnose a serious condition, neglecting to treat a condition appropriately, not monitoring known risks to the patient, and failing to follow up after any complications. If you feel the medical care you received during labor and delivery was subpar, resulting in a birth injury, you should seek a second opinion from a different healthcare provider immediately.
Depending on the severity of the injury, your baby may require long-term medical treatment or round-the-clock care. This can have a significant impact on your family plans, finances and emotional health. You can expect healthcare providers and insurance companies to protect their own interests, even when they are liable. Therefore, it’s important to work with an experienced medical malpractice lawyer in Baltimore MD who can help you hold negligent doctors, nurses and medical institutions accountable for the damage caused to your most precious family member under their care.
If you have questions about your baby’s birth-related injuries, the birth injury lawyers at Greenberg Law Offices are ready to hear about your experiences and discuss your legal options.
When You Need an Experienced Baltimore, MD Medical Malpractice Lawyer
Filing a medical malpractice lawsuit against a doctor, hospital, or another medical facility can be overwhelming and even a bit intimidating. This is why having a skilled and seasoned medical malpractice lawyer Baltimore, MD clients recommend from Greenberg Law Offices representing you can make all the difference. We will work diligently to get you the compensation you may be entitled to.
Our legal team will aggressively advocate for you in obtaining funds for medical expenses, loss of wages, pain and suffering, and emotional anguish. If you have been left with permanent disabilities, you could be entitled to compensation for that, as well as the loss of the ability to enjoy daily activities. Call our office today to set up a free and confidential consultation with a member of our legal team and let us help get you the financial justice you deserve.
Why You Should Hire Greenberg Law Offices as Your Medical Malpractice Lawyer
Hiring an attorney to represent you in a medical malpractice claim can be one of the most important and difficult decisions of your life. Let Greenberg Law Offices, P.C., help you and your family get back to normal after your injury or losing a loved one due to health care negligence.
Greenberg Law Offices is a law firm that has been helping the injured get their lives back on track for more than 30 years. We have handled hundreds of medical malpractice cases and recovered millions of dollars for our clients. We are one of the leading medical malpractice law firms in the country, and we are confident that we can help you too.
The first step in getting your life back is to find an experienced attorney who understands how these cases work. There are a lot of lawyers out there, but not all of them have experience with medical malpractice cases. Don’t settle for an inexperienced lawyer who will do nothing more than try to sell you some kind of settlement agreement.
You need a medical malpractice lawyer in Baltimore MD who cares about your case and your future. You need an attorney who will take the time to understand what happened to you and fight hard to get you the compensation that you deserve. We have worked with hundreds of victims, from every walk of life, and we know that everyone deserves fair compensation for their injuries.
Medical malpractice attorneys can provide the representation you need in a case against a former employer or the hospital that treated your loved one. Consider speaking with an attorney first before contacting anyone else, like family members or doctors. This is a good way to get an objective opinion about the case. Once you hire an attorney, they will speak with the other party’s lawyers and doctors on your behalf.
We Are Here for You
When a medical malpractice incident occurs, you may have the right to file a lawsuit against the hospital or doctor. If you file a lawsuit then you will need to prove that there was negligence on the part of the hospital or doctor.
Greenberg Law Offices has been in the medical malpractice field for many years. They have helped people who have been injured by the negligence of a doctor or surgeon. Greenberg Law Offices is a group of medical malpractice lawyers in Baltimore MD dedicated to helping people who need legal representation after being injured due to negligence. These attorneys are passionate about what they do, they are compassionate towards their clients, and they work relentlessly to fight for the rights of those who have been wronged.
We provide free consultations and will work with you to assess your case and find the solution that best suits your needs. Our medical malpractice attorneys have the knowledge and experience necessary to help you win your case. We are always available to answer your questions and offer sound advice throughout the process.
Do’s and Don’ts of Medical Malpractice Cases
Do Gather All Your Medical Records
Your medical records are crucial to proving that you were the victim of medical malpractice. Your medical malpractice lawyer in Baltimore MD, at Greenberg Law Offices has a stable of expert witnesses who can evaluate your medical records and determine whether a breach of the standard of care occurred, leading to your injury, illness or infirmity.
Do Locate the Last Five Years’ Income Tax Records
If you want to recover damages for lost wages, you need evidence showing what the wages were that you’ve lost. Your last five years of income tax records will clearly demonstrate the exact numbers for your claim. Greenberg Law Offices would advise you to bring all the supporting documents you can to your first appointment with a medical malpractice lawyer in Baltimore MD.
Do Gather Family Photos and Videos
Family photographs and videos can show what your life used to be like, before the malpractice happened. You can compare and contrast the differences to prove pain and suffering and loss of enjoyment of life.
Don’t Blog, Email, or Post on Social Media
It’s incredibly easy to slip up and say something innocuous like “I’m doing okay” or “I’m fine” when you’re blogging, emailing, or posting on social media. Insurance companies will stalk you, both in real life and online, to see if you’re really as injured from their client’s negligence or recklessness as you say you are. They’ll take your statements of being okay or fine and use them against you in negotiations with your medical malpractice lawyer in Baltimore MD, or in court.
Don’t Miss Any Doctor’s Appointments
If you miss any scheduled doctor’s appointments to treat your injuries or infirmities after medical malpractice takes place, insurance companies can construe that to mean that you’re not in as bad of shape as you’re claiming. If you miss appointments, to their minds it means you’re doing well enough that you don’t need continued medical care, and will use that against you in negotiations.
Don’t Wait to Contact a Lawyer
You should contact a lawyer as soon as is practical after medical malpractice impacts your life. There’s a statute of limitations indicating how long you have to file a lawsuit — in Maryland, it’s three years. Also, people’s memories fade with time. The nurse who gave you the wrong medication has dozens of patients on any given day; she may have no idea who you are after a week or a month.
How To Talk to Your Children About Medical Malpractice
The fear of doctors is common in children, but when a family is affected by medical malpractice, this phobia may be compounded by confusion, heartbreak, and distrust. At Greenberg Law Offices, your medical malpractice lawyer in Baltimore MD, can assist you with talking to your children after the tragedy of medical malpractice. Here are some effective ways to start this dialogue.
Children usually process traumatic events through play and creativity. Healthcare providers have long documented this idea as one way children try to understand and master daunting situations. Buy a toy doctor kit and play along with your children. This type of activity will assist them in voicing fears they may not be capable of stating directly. Even coloring with your children can be a revealing exercise, giving you a glimpse at what is going on in their minds. With loving and mindful play, you can begin to find the right questions to ask your children about their worries.
Answer Questions Honestly
To start the conversation, ask your children questions about what you noticed during play and inquire as to whether they have any concerns about what has happened regarding the medical malpractice event. Let them know that no question is wrong or stupid. Even if the inquiries are difficult to address, giving honest answers in age-appropriate terminology is crucial in repairing your children’s trust in medical services.
Re-Explain the Roles of Doctors and Lawyers
Medical malpractice can warp a child’s understanding of doctors and lawyers. Explain that while no one is perfect, most doctors are positive forces in their patients’ lives. While discussing the role of lawyers, mention that your medical malpractice lawyer in Baltimore MD, can help protect people when doctors fail. These explanations can comfort children by redefining two of society’s safety nets.
Consider Professional Help
Occasionally, there comes a time when a legal, medical or mental health professional should be welcomed into the conversation. Bring your children to an appointment at Greenberg Law Offices so the children can have more intricate questions addressed, or schedule an appointment with a pediatrician specifically to answer medical questions. If these steps do not bring your children comfort, seek the help of a therapist who can create a recovery plan as your children heal from medical malpractice.
When struggling through the aftermath of medical malpractice, the collateral damage can reach far and wide. Speaking to your children about their fears throughout this process is key to bringing peace to your home once again.
If you are the victim of medical malpractice, it may be time to consult a medical malpractice lawyer in Baltimore, MD. You may be entitled to receive compensation for your medical expenses, lost wages and pain and suffering. Here are some frequently asked questions and answers about medical malpractice.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor or other healthcare professional doesn’t meet the accepted standards of medical care and causes injury to a patient. If there is sufficient proof that a medical provider acted negligently and hurt a patient as a result, that provider may be ordered to pay the patient’s medical bills, lost wages and other damages.
What Medical Errors Can Result in Medical Malpractice?
Although the majority of medical professionals are competent, mistakes can still happen. For example, if a surgeon is fatigued and isn’t paying careful enough attention, he or she could accidentally leave a surgical instrument inside a patient during surgery and cause major damage. Other medical mistakes may include misdiagnosis, medication errors and birth injuries.
How Much Is My Medical Malpractice Case Worth?
How much compensation you receive will depend on the unique factors of your case. Most medical malpractice victims receive compensatory damages, which include medical bills, lost wages and cost of future treatment. In some cases, you may receive non-economic damages, like pain and suffering. These damages are more difficult to quantify.
Do I Need to Hire a Lawyer?
Although you’re not required to hire a medical malpractice lawyer in Baltimore, MD, it’s highly recommended. Medical practice cases tend to be very complex, and you don’t want to make mistakes that could jeopardize your chances of getting fair compensation. A skilled lawyer will know the true value of your case and handle all the negotiations with the insurance company. He or she may hire medical experts to support your case.
How Do I Know Who to Sue for Medical Malpractice?
All medical malpractice cases are different. Sometimes it’s clear who the defendant is and other times it’s not so obvious. In some medical malpractice cases, there may be multiple defendants. An experienced medical malpractice lawyer can help you identify all the defendants in your case.
If you have been injured while under a medical professional’s care, schedule a consultation with a medical malpractice lawyer in Baltimore, MD from Greenberg Law Offices to discuss your case in detail.
Contact Us Today
If you or a loved one has been affected by medical malpractice, do not hesitate to contact us today.