The good people of Maryland put a lot of trust and faith in the doctors, staff, and hospitals charged with caring for their health. In fact medical professionals take an oath to "do no harm" before they enter practice. Most people would probably agree that as a rule, our nation's physicians, surgeons, dentists, nurses, and other medical staff -- as well as the clinics, hospitals, medical centers, and nursing homes that employ them -- have our best interests at heart when we put our well-being in their hands.
Unfortunately, mistakes, errors in judgment, and negligence can and do happen in medical settings, resulting in patients suffering permanent personal injury or wrongful death. Most people think medical malpractice is a doctor making a single mistake. But usually it involves more than one individual, the institution where care is administered, and a complex series of events leading up to a sad (or even catastrophic) outcome.
Baltimore injury lawyers Butschky & Butschky, LLC work with a team of experienced medical malpractice attorneys who represent individuals and families in the Mid-Atlantic region and the state of Maryland, including Baltimore City, Baltimore County, Harford County, Carroll County, Cecil County, Prince George's County, Queen Anne's County and beyond. We only represent plaintiffs who have been hurt, and their families if a loved one dies, as the result of a medical mishap.
Medical Malpractice and Maryland Law
In the state of Maryland, medical malpractice is considered to be one type of negligence claim. It is, however, governed by very specific rules and regulations regarding liability, burden of proof and notice to any contemplated defendant. Medical malpractice occurs in a variety forms:
- Medication errors
- Surgical errors
- Misdiagnosis (including diagnostic errors made during testing with X-rays, CT scans, etc.; and/or failure to treat a condition or disease)
- Failure to meet standard of care
- Birth Injuries or Birthing Errors resulting in debilitating conditions such as Erb's Palsy and Cerebral Palsy
- Nursing home neglect and abuse
- Cancer misdiagnosis
In fact, a study referred to by patient advocacy and health care reform groups states that medical errors may be responsible for some 98,000 fatalities and 1.3 million injuries per year in the United States. (Source: To Err Is Human: Building a Safer Health System, Committee on Quality of Health Care in America, Institute of Medicine, National Academies Press, 2000.)
As we've described in relation to car accidents, Maryland is one of few states that uphold a "contributory negligence law." That means, if the injured or deceased person is found to be even a small fraction responsible for his or her injuries sustained in a car, motorcycle or truck accident -- it's very difficult to recover compensation under Maryland law.
This also applies to medical malpractice claims in Maryland. Meaning, if you are proven to be even partially responsible for your medical injuries -- e.g., you put off seeing a doctor for a physical problem, and the clinic's attorneys can prove that decision contributed to your worsened condition -- it's very difficult to recover damages.
If You Think You've Been Injured or Have Lost a Loved One due to Medical Error in Maryland or the Mid-Atlantic...
- Seek immediate medical attention if you feel sick or hurt and document your injuries.
- Get copies of all your medical records.
- DO NOT speak to an insurance company representative from the hospital or doctor's office if they contact you! This is very important, as injured people or bereaved families can be misled into giving statements that may be used to deny their claim.
- DO NOT try to handle a medical malpractice case yourself. The volume of research and professional expertise required to successfully prosecute such a case is beyond what the average person who is not an attorney can do for themselves.
- DO contact Butschky & Butschky, LLC for a free consultation to see if you may have a medical malpractice claim in Maryland.
We have decades of experience in Maryland personal injury law, and we know how to work within the state legal and insurance systems. As your compassionate, experienced medical malpractice lawyers, we will answer all your questions and handle all the legal paperwork and proceedings -- so you can recover from your injuries or grieve for your loved one, and move on with your life.