How Maryland’s Laws Handle Surgical Errors and Malpractice Claims

In the state of Maryland, surgical errors and malpractice claims are governed by specific laws and regulations designed to protect patients' rights and ensure accountability among healthcare providers. Understanding these laws is crucial for anyone seeking redress after experiencing an unfortunate surgical error. This article explores Maryland’s approach to surgical errors and the legal avenues available to affected patients.

Maryland law defines medical malpractice as a failure by a healthcare professional to provide care that meets the accepted standards of practice, resulting in harm to the patient. The types of surgical errors can vary widely, including performing the wrong procedure, incorrect patient identification, leaving surgical instruments inside the body, or failing to obtain informed consent from the patient prior to surgery.

To file a malpractice claim in Maryland, a patient must establish the following key elements: the existence of a doctor-patient relationship, a breach of the standard of care, and proof that the breach caused harm. Importantly, patients must have sufficient evidence to demonstrate that the surgical error deviated from established medical norms. This often requires the testimony of expert witnesses who can illustrate the standard of care in similar medical scenarios.

Washington D.C. operates under a "contributory negligence" rule, meaning that if the patient is found to be even 1% at fault for their injury, they may not be eligible for compensation. This strict liability rule significantly impacts surgical malpractice claims, as it is essential for patients to prove that the healthcare provider’s negligence is the sole cause of their damages.

Maryland requires that all medical malpractice claims be forwarded to a panel for review before going to court. This pre-litigation panel, composed of healthcare experts, assesses the case for merit. This process is designed to filter out frivolous lawsuits and helps streamline valid claims. If the panel finds in favor of the patient, the case can then proceed to trial. If the panel finds otherwise, patients can still file a lawsuit but must face challenges in proving their case in court.

The statute of limitations for filing a malpractice claim in Maryland is generally five years from the date the injury occurred, or three years from the date the injury was discovered, whichever comes first. It is vital for patients to be aware of these deadlines, as failing to file within the allowed timeframe can result in the loss of the right to sue.

Furthermore, Maryland has enacted damage caps that limit the amount of monetary compensation available for non-economic damages, such as pain and suffering. As of 2023, the cap for non-economic damages in Maryland is set at $905,000, which will increase to $1,000,000 in 2024. Economic damages, including medical bills and lost wages, are not capped and can be fully recovered by the injured party.

Patients considering a surgical malpractice claim should consult with an experienced medical malpractice attorney who understands Maryland laws. Legal professionals can provide crucial guidance through the complex process, assisting in the collection of necessary evidence, identifying experts, and ensuring compliance with legal requirements throughout the claims process.

Maryland’s legal landscape regarding surgical errors and malpractice claims aims to balance the protection of patients with the need to maintain a viable healthcare system. By understanding the laws and navigating the claim process carefully, patients can seek the justice and compensation they rightfully deserve.