What to Know About Maryland’s Malpractice Laws for Chiropractors
Maryland's malpractice laws for chiropractors play a crucial role in protecting patients and practitioners alike. Understanding these laws can help ensure proper care and legal compliance. Here’s what you need to know.
1. Definition of Malpractice
In Maryland, chiropractic malpractice occurs when a chiropractor fails to provide the standard of care that a reasonably competent chiropractor would offer under similar circumstances. This can include misdiagnosis, improper treatment, or neglecting to inform patients of potential risks associated with their care.
2. Legal Standards
To prove chiropractic malpractice in Maryland, a patient generally needs to establish four elements: duty, breach, causation, and damages. The patient must show that the chiropractor had a duty to provide care, breached that duty, that the breach caused injury, and that there were actual damages incurred as a result.
3. Statute of Limitations
Maryland has a three-year statute of limitations for filing a malpractice lawsuit. This means that patients must file their claims within three years of the date the malpractice occurred or three years from when they discovered the injury. It’s crucial for patients to be aware of these timelines to preserve their legal rights.
4. Expert Testimony
In many chiropractic malpractice cases, expert testimony is essential. Maryland law often requires that a patient seeking damages can provide testimony from another chiropractor who can confirm that the standard of care was not met. This expert evaluation is vital to substantiate claims of negligence.
5. Caps on Damages
Maryland imposes caps on non-economic damages in medical malpractice cases, including those involving chiropractors. As of now, the cap is $845,000 for cases involving incidents that occurred in 2023. This cap increases annually, and it provides a limit on the amount a jury can award for pain and suffering, emotional distress, and other non-economic damages.
6. Insurance Requirements
Chiropractors in Maryland are required to carry malpractice insurance to protect themselves and their patients. This insurance covers claims alleging negligence, ensuring that patients have recourse in the event of malpractice. Chiropractors should maintain adequate levels of insurance based on their practice size and patient load.
7. Filing a Complaint
If a patient believes they have been a victim of chiropractic malpractice, they should first seek a consultation with a medical malpractice attorney experienced in Maryland laws. The attorney can assist in evaluating the case, determining how best to proceed, and filing a complaint with the appropriate legal authority, if necessary.
8. Professional Regulation
The Maryland Board of Chiropractic and Massage Therapy Examiners regulates Chiropractor practices. They oversee licensing, investigate complaints against chiropractors, and enforce standards of practice to maintain public safety.
Understanding Maryland’s malpractice laws for chiropractors is essential for both patients and practitioners. Knowledge of these laws can aid in making informed decisions regarding treatment and potential legal actions. Always consult with a qualified legal professional for advice tailored to specific situations.