Gaithersburg Medical Malpractice Lawyer

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to deliver care that meets the accepted standard of care in their field, resulting in patient harm.

Maryland law defines medical malpractice as a deviation from the accepted standard of care that directly causes injury to a patient. The standard of care refers to the level of skill, knowledge, and care that similarly trained healthcare providers would deliver under comparable circumstances.

To qualify as medical malpractice under Maryland law, four key elements must be present:

• A duty of care is established through a doctor-patient relationship
• A breach of that duty through a failure to uphold the standard of care
• The failure to uphold the standard of care caused you to suffer an injury or illness
• You suffered damages because of that injury or illness

Maryland law also requires that medical malpractice claims be reviewed by a qualified medical expert before filing. This certificate of merit confirms that your case has medical merit. A skilled and experienced medical malpractice attorney can ensure your case meets all necessary criteria.

Common Types of Medical Malpractice in Gaithersburg

Medical errors affect hundreds of residents in Gaithersburg each year, leaving patients and families struggling with unexpected health complications and financial burdens. Our legal team has observed several recurring patterns of medical negligence across Montgomery County healthcare facilities. The following represent the most common types of medical malpractice cases we handle for Gaithersburg residents, each requiring specific legal strategies and medical expertise to prove.

Misdiagnosis or Delayed Diagnosis

Diagnostic errors represent one of the most prevalent forms of medical malpractice. These mistakes include missing a condition, diagnosing the wrong illness, or unreasonably delaying an accurate diagnosis.

Cancer misdiagnosis often leads to devastating outcomes when medical providers dismiss early symptoms, misinterpret test results, or fail to recommend appropriate screening. Heart attack misdiagnosis represents another dangerous error, particularly when emergency room physicians mistake cardiac symptoms for less severe conditions. Infection, misdiagnosis, or delayed treatment can allow relatively manageable conditions to develop into sepsis or other life-threatening complications.

Surgical Errors

While all surgeries involve risk, preventable surgical errors fall below the accepted standard of care and constitute malpractice.

Wrong-site surgery occurs when procedures are performed on the incorrect body part, the wrong side of the body, or even the wrong patient. Anesthesia errors can lead to catastrophic outcomes, including brain damage, permanent nerve injury, or death. Retained surgical instruments, where sponges, clamps, or retractors remain inside patients after surgery, can cause severe infections and internal damage. Nerve damage during surgery becomes negligent when surgeons operate without appropriate care or fail to identify and protect vulnerable anatomical structures.

Medication Errors

Medication mistakes occur at every stage of the prescription process, from initial prescribing decisions to pharmacy dispensing and administration.

Prescribing the wrong medication or incorrect dosage represents a common physician error. Pharmacy dispensing errors occur when patients receive medications intended for someone else or incorrect dosage forms. Administration errors in hospitals include giving medications to the wrong patient or failing to monitor patients for adverse reactions.

Birth Injuries

Medical negligence during pregnancy, labor, or delivery can result in devastating injuries that affect children and families for a lifetime.

Cerebral palsy sometimes develops due to preventable oxygen deprivation during birth when medical providers fail to monitor fetal distress signals or delay necessary cesarean sections properly. Erb’s palsy and brachial plexus injuries result from excessive force or improper technique during difficult deliveries. Failure to diagnose maternal complications like preeclampsia, gestational diabetes, or placental abnormalities can endanger both mother and child.

Hospital Negligence

Healthcare facilities bear responsibility for maintaining safe environments and proper systems to protect patients. Inadequate staffing levels frequently contribute to patient injuries when hospitals fail to maintain appropriate nurse-to-patient ratios. Failure to follow safety protocols, including infection control procedures and fall prevention measures, reflects systemic negligence. Poor communication during shift changes and between departments creates dangerous information gaps that lead to treatment errors.

Nursing Home Neglect and Abuse

Elderly and vulnerable residents of nursing facilities have the right to safe, compassionate care. Neglect in nursing facilities often manifests as pressure ulcers (bedsores), malnutrition, dehydration, or untreated medical conditions. Medication errors are widespread in long-term care settings, where residents frequently take multiple prescriptions daily. Physical abuse, psychological mistreatment, and financial exploitation, unfortunately, occur in some facilities with inadequate staff screening and supervision.