How Maryland’s Legal System Handles Surgical Error Claims

Maryland, like many states, has established specific legal frameworks to handle medical malpractice claims, including those arising from surgical errors. Understanding how these claims are processed within Maryland’s legal system is crucial for both victims and medical practitioners.

Surgical errors can encompass a range of issues, including wrong-site surgery, surgical instruments left inside a patient, anesthesia mistakes, and improperly performed procedures. When these mistakes happen, the repercussions can be severe, leading to significant physical, emotional, and financial distress for the victim.

In Maryland, surgical error claims generally fall under the category of medical malpractice. To successfully pursue a claim, the injured party must prove four critical elements: the existence of a doctor-patient relationship, a breach of the standard of care, causation, and damages.

The first step in a surgical error claim is establishing that a doctor-patient relationship existed, which confirms that the surgeon had a duty of care towards the patient. Next, the victim must demonstrate that the surgeon’s actions fell below the accepted medical standard of care. Medical experts often play a crucial role here, as they can explain what constitutes appropriate medical practice in similar situations.

Causation must be established, meaning the victim must show that the surgical error directly caused their injury. This can be one of the trickiest aspects of a claim, as the link between the error and the injury must be clearly articulated and proven.

Lastly, demonstration of damages is essential. This includes both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and loss of enjoyment of life.

Mediating surgical error claims can be a complex process in Maryland, where laws impose specific requirements, including statutes of limitations. In Maryland, victims usually have a limited time frame—typically five years from the date of the surgical error or three years from the date they discovered, or reasonably should have discovered, the injury—to file a claim.

Moreover, Maryland has “contributory negligence” laws, which means if a patient shares any fault in the situation leading to their injury, they may be barred from recovery. This makes it essential for plaintiffs to establish that the surgical error was the primary cause of their damages.

Once a claim is filed, it may be settled before it reaches court. Many medical malpractice cases in Maryland avoid trial through negotiation, but if a settlement cannot be reached, the case may proceed to trial. During this time, both sides will present evidence, expert testimonies, and arguments, allowing the jury to decide on liability and damages.

It’s also worth noting that Maryland requires that all medical malpractice claims be submitted to a review panel before going to court. This panel, comprised of medical professionals, evaluates the claim and offers an opinion on whether the medical provider deviated from the standard of care that resulted in injury. While their decision is not binding, it often influences the course of further legal proceedings.

Victims of surgical errors in Maryland must navigate a complicated legal landscape. Therefore, enlisting the help of a qualified medical malpractice lawyer who understands Maryland’s specific statutes and legal nuances can significantly enhance the chances of a successful outcome.