Medical Malpractice Lawyers in Silver Spring, MD Fighting for the Rights of Victims of Malpractice
Our attorneys hold negligent medical professionals accountable
If you have been injured by the negligent actions of a medical professional, it is important to understand what legal rights you have. We trust medical professionals to give us the appropriate medical care. Unfortunately, medical errors due to negligence do occur and can lead to serious injury or even death.
Medical malpractice victims are often left without the ability to work, even more, medical expenses, and emotional trauma due to medical negligence. If you feel that you are the victim of medical malpractice, you need to understand what legal avenues you may be eligible to pursue.
You have options. Our medical malpractice attorneys can help
The effects of medical malpractice can be devastating to both you and your family. You may suffer from physical pain that prevents you from working and causes you to have financial hardship. You may also find yourself experiencing emotional trauma that can impact your daily life.
You feel that you have been injured by medical malpractice and may be able to seek compensation for your pain and suffering. In these cases, pursuing compensation through a medical malpractice claim is often the best way to ensure that a negligent party helps bear financial responsibility for your pain and suffering. Reach out to Goldberg Finnegan as soon as possible and schedule a free consultation today.
What is medical malpractice?
Medical malpractice is a legal term used to describe injuries or illnesses caused by medical professionals. In order to qualify as medical malpractice, such injuries or illnesses must often meet three criteria:
- Failure to follow standard medical procedures – Medical professionals undergo rigorous training and adhere to strict standards governing healthcare professionals. When doctors or other healthcare providers deviate from these standards, injuries and illnesses often occur. In short, did the medical professional’s actions (or inaction) cause the poor medical outcome?
- Negligence played a role – Simply failing to follow standard medical procedures often doesn’t qualify as medical malpractice. In order to have a successful legal case, you often need to prove that a medical professional’s negligent actions (or inaction) resulted in your injury or illness. In short, did “gross negligence” occur?
- Medical malpractice resulted in financial loss – Another key element in many medical malpractice cases is evidence that the injury or illness due to medical negligence had a financial impact on the injury victim. Along with medical bills, such financial losses also often take into account lost income and lost future income due to serious injury or permanent disability as a result of medical negligence.
Medical malpractice cases by the numbers
- 3rd leading cause of death nationwide – medical errors.
- 250,000 people each year on average die due to medical errors.
- 26 percent of medical malpractice cases involve misdiagnosis errors.
- 24 percent of cases involve surgical errors.
- 5 percent of cases involve medication errors.
- 5 percent of cases involve birth injury errors.
What are the common causes of medical malpractice?
The most common types of medical malpractice are:
- Delay in diagnosis
- Delay in treatment
- Prescription errors
- Birth injuries
- Surgical errors
- Unsanitary conditions, especially in hospitals
If you have been the victim of any of these types of malpractice injuries, you should consider obtaining the help of a medical malpractice lawyer to help get the justice you deserve. While no amount of money will ever be able to restore your health to the condition you enjoyed prior to the malpractice, compensation might assist you in paying for costs not covered by your insurance along with expensive medical bills that you may experience as a result of your injuries.
How can I recover compensation in a medical malpractice case?
If you have sustained an injury due to medical malpractice caused by the negligence of a healthcare professional, you may be entitled to financial compensation. Normally, financial compensation is awarded based on economic losses and non-economic losses:
- Economic Losses: This type of loss includes hospital bills, past, and future medical expenses, rehabilitation services, loss of income, and loss of earning capacity for future wages.
- Non-economic Losses: This includes pain and suffering (past and future), emotional distress (past and future), physical impairment (past and future), and loss of enjoyment of life.
You need an experienced medical malpractice lawyer to help you determine the amount of financial compensation you may be able to recover based on the facts of your case and the ability to prove the extent of your injuries. We can help direct you through this process to make the most out of your personal injury claim.
How do I prove medical malpractice took place?
As briefly explained above, evidence is key to building a strong medical malpractice injury claim or lawsuit. Such evidence can cover a wide range, including:
- Medical records documenting your injury or illness.
- Statements from eyewitnesses, including other medical professionals.
- Testimony from medical experts in support of your case.
Who’s responsible for paying for my case?
Maryland has an at-fault insurance and legal system when it comes to medical malpractice cases. This means the at-fault party is responsible for paying injury victims for their financial losses. In most cases, this is the responsibility of:
- Medical professional who caused your injury, illness, or infection.
- Hospital or medical facility the healthcare professional worked for who harmed you.
- Insurance company for the medical professional, hospital, or healthcare facility.
In addition, depending on the circumstances of your case, you may be able to obtain financial compensation from more than one source. The best way to know is to talk to an experienced Maryland medical malpractice attorney at our Silver Spring law firm.
Who decides who’s at fault in a medical malpractice case?
You might be surprised to learn that the insurance companies representing the at-fault party – often the doctor’s or hospital’s insurance company – often have the most to say about who’s at fault and ultimately responsible for paying for your injury-related expenses. This is especially true in cases involving a medical malpractice settlement or injury claim.
However, if you decide to file a medical malpractice lawsuit, a judge or jury will likely decide who’s at fault and who’s ultimately responsible for paying you for your injury expenses if the judge or jury rules in favor of your lawsuit and awards you damages, the legal term for financial compensation.
Who can I sue for medical malpractice?
In most cases, if you decide to file a medical malpractice lawsuit in Maryland, you will take legal action against the at-fault party that caused your injury, illness, or infection. Such at-fault parties often include:
- Medical professional (doctor, surgeon, etc.) that caused your injury.
- Hospital or medical facility that employs the healthcare provider who harmed you.
- Insurance company for medical professional or facility that caused your injury.
How much time do I have to file a medical malpractice lawsuit?
Under Maryland Statute 5-109, injury victims harmed by medical professionals have five (5) years to file a medical malpractice lawsuit seeking damages (financial compensation) in Maryland. This deadline is known as the statute of limitations.
However, just because you have five years to take legal action does not mean you should wait that long to do so. Often, the longer you wait, the more difficult it becomes to find the evidence you need to build a strong, successful legal case. This is why we strongly advise you to schedule a free case evaluation with one of our experienced Silver Spring medical malpractice attorneys right away.
Should I try to handle my case alone?
Often, the health provider’s insurance company will try to reach a settlement for substantially less money than your claim is worth. Sadly, many victims of medical malpractice do not realize the scope of their legal rights when they have sustained serious injuries. You may be entitled to fair compensation for pain and suffering and emotional trauma caused by your injuries.
If you have been injured due to malpractice, the first step toward getting justice is hiring a Goldberg Finnegan medical malpractice lawyer with experience handling cases similar to yours. If you want the best chance of receiving maximum compensation for lost wages, medical bills, emotional distress, and more, contact Goldberg Finnegan immediately and schedule a free case review, and let us help guide you through this complex process.
Should I hire a medical malpractice lawyer in Silver Spring, Maryland?
The Maryland medical malpractice lawyers at Goldberg Finnegan have been protecting the rights of those involved in medical malpractice claims in Silver Spring for years. While we are aware that no amount of compensation will be able to bring back your health and the life you enjoyed prior to your injuries, we also know that our clients deserve a fair settlement for their medical bills, pain and suffering, lost wages, and other damages caused by medical negligence. If you have sustained injuries due to the carelessness of a medical professional, reach out to Goldberg Finnegan as soon as possible and schedule a free consultation today.