Maryland’s Approach to Malpractice and Wrongful Death Claims

Maryland's legal landscape regarding malpractice and wrongful death claims is intricate, guided by specific statutes and precedents that shape the process for victims and their families. Understanding these laws is crucial for anyone considering a malpractice or wrongful death suit in the state.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. In Maryland, the law requires that claimants demonstrate that the provider's negligence directly caused the injury. This often necessitates the involvement of expert witnesses who can testify about the standard of care.

In malpractice cases, Maryland follows a modified comparative negligence rule. This means that if the injured party is found to be partially at fault, their compensation will be reduced by their percentage of fault. For example, if a patient is deemed 20% responsible for their injury, their damages award will be reduced by that amount.

For wrongful death claims, which arise when a person dies due to another's negligence or wrongful act, Maryland imposes specific requirements. In Maryland, only certain individuals—such as immediate family members or the deceased’s estate—can file a wrongful death suit. The claim must be filed within three years of the date of death, adhering strictly to this statute of limitations to preserve the right to claim compensation.

Maryland law also differentiates between two types of wrongful death damages: pecuniary damages (financial losses) and non-pecuniary damages (emotional distress). Pecuniary damages encompass lost income, medical expenses, and funeral costs, while non-pecuniary damages may cover loss of companionship and emotional suffering.

One unique aspect of Maryland’s wrongful death laws is the absence of survival claims. In other states, when a victim dies from negligence, the estate may file a separate lawsuit for the victim's pain and suffering prior to death. However, Maryland's statute does not allow for this, meaning families can only pursue wrongful death claims based on losses resulting from the death.

Engaging a knowledgeable attorney experienced in Maryland malpractice and wrongful death cases is crucial. The complexities of these claims, including the need for expert testimony in malpractice cases and understanding the limitations and provisions in wrongful death claims, require specialized legal expertise. Having the right legal counsel can significantly influence the outcome of a case, ensuring that the rights of victims and their families are adequately protected.

Ultimately, navigating the intricacies of malpractice and wrongful death claims in Maryland demands a clear understanding of the state’s legal framework. Victims and their families must be aware of their rights and the steps necessary to file a claim, aiming to secure justice and compensation for their losses.