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The doctor’s office, or healthcare facility in Silver Spring, is typically a place of hope and expertise where patients seek treatment and healing. Unfortunately, when medical missteps, surgical errors, misdiagnoses, or delayed diagnoses occur, patients are harmed instead of healed.
If you or a loved one was injured due to medical negligence or malpractice, your best way forward is to contact our team of Silver Spring medical malpractice lawyers. Call today to set up a free confidential consultation.
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Medical malpractice occurs when a healthcare professional breaches their duty of care, harming the patient. Doctors, nurses, home health aides, therapists, and hospitals can be liable for medical malpractice.
You may be entitled to pursue a personal injury claim. Filing a claim can help recover compensation for medical expenses, lost wages, pain and suffering, and other damages. Our team of experienced medical malpractice lawyers has a successful track record in Silver Spring, Maryland. We have the resources and expertise to investigate your claim, identify liable parties, and fight for the maximum compensation you deserve.
A key element in medical malpractice claims involves proving that the healthcare professionals involved did not meet the standard of care. In the context of medical malpractice cases, “standard of care” is a legal term that identifies what constitutes negligence and a failure to meet medical standards. In other words, the standard of care is the “degree of care a prudent and reasonable person would exercise under the circumstances.”
A standard of care does not have a hard and fast or specific definition; instead, it changes based on the circumstances of a particular case. Factors such as age and overall health history may play a role. For instance, it is reasonable to perform a somewhat risky heart surgery on a young person with an otherwise positive health history. Still, it may not be reasonable to perform the same surgery on an older adult with a long history of heart problems.
Your medical malpractice attorney may bring in expert witnesses to testify that the medical professionals involved in the case did not use proper care and failed to meet an appropriate standard.
Your medical malpractice lawyer will thoroughly investigate your case and calculate how much you are owed. This figure includes economic damages such as lost wages, medical bills, medical expenses, and funeral expenses if the medical negligence resulted in a death. In addition, non-economic damages such as pain and suffering will also be factored in.
Your attorney will present this figure as a settlement offer to the at-fault party or parties and their legal team. In an ideal case, they will accept the offer, though they will likely counter with an offer of their own. This process continues until a settlement and fair compensation can be reached. The case may move to a trial if a settlement cannot be reached.
Medical malpractice claims cover a wide variety of case types. When a doctor fails to meet the appropriate standard of care, or makes a medical error, serious injuries and even death can occur. Some of the medical malpractice cases we handle in Silver Spring, Maryland include:
In Silver Spring and the state of Maryland as a whole, a victim of medical malpractice must file their claim either five years from the time the injury occurred, or three years from the time the injury was discovered, whichever comes first. For minors, the statute of limitations is three years from their 18th birthday. This means that regardless of when in their childhood the medical malpractice occurs, they have until their 21st birthday to file a medical malpractice claim.
If a medical professional has caused harm to you or a loved one, seek legal help as soon as possible. Contact one of our medical malpractice attorneys in the Silver Spring area to schedule a free consultation, and learn how we can help you secure justice and compensation.
Wrongful death is a subset of both personal injury law and medical malpractice. Maryland law defines wrongful death as a death that is caused by “an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” In other words, this is a claim that may be filed if someone’s negligence or carelessness led to another’s death. A wrongful death claim would fall into the medical malpractice category if the deceased party died due to negligence from a medical professional.
In personal injury, the injured party can file a claim on their behalf, asking for compensation for their economic and non-economic losses. However, if the victim has lost their life, they are not able to advocate on their behalf. In a wrongful death claim, someone else files a claim on behalf of the deceased party. This may be the executor of their will, or, in Maryland law, it may also be a parent, child, or spouse. If the deceased party has no surviving parent, child, or spouse, any other relation (by blood or marriage) substantially dependent upon the deceased party may file the claim.
The burden of proof is slightly different in medical malpractice cases. The victim and their legal counsel must prove that it is more likely than not that the treatment in question caused the victim’s injury.
To reach this burden of proof, the injured party must show the following:
Your Maryland medical malpractice attorney will help you prove your claim by gathering extensive amounts of evidence, witness testimonies, and more.
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Legally, you are entitled to handle your case alone. However, this is typically not recommended and does not put you on the best path to recover compensation. Medical malpractice cases are incredibly complex, requiring a great deal of evidence, testimony from other medical professionals, and aggressive representation that only an experienced medical malpractice attorney can provide. The at-fault party’s legal team will do everything in their power to show that no negligence occurred, and it takes a tremendous amount of experience to go up against this.
Working with a malpractice lawyer typically results in a higher settlement, helping relieve your medical expenses, medical bills, lost wages, and more. Moreover, when you work with an experienced medical malpractice lawyer, you and your family can focus more on rest and recovery.
Contact the Regan Zambri Long Law Offices today for a free consultation, and learn how we can help you secure maximum financial compensation.
Victims may seek financial compensation not just for things like medical bills, lost wages, or other losses that have a clear monetary value. In addition, they may also seek compensation for non-economic losses. These are losses experienced by the victim or their family that don’t correlate to a specific monetary value, but absolutely still deserve compensation. This includes:
If you have questions about a potential medical malpractice case, we encourage you to schedule a free consultation with our team.
Hiring one of our medical malpractice lawyers is one of the best things you can do for yourself in the aftermath of a serious injury resulting from substandard medical care. Each of our clients is more than a number or a file — our clients are family, and we work round the clock to ensure they are supported in every way they need. Our lawyers work hard to make themselves available to answer all questions as they arise and value forming a meaningful relationship with each client.
Our attorneys specialize in Silver Spring medical malpractice and have the resources and experience to win you a fair settlement.
