If you or a loved one has been harmed by a medical mistake, you may be entitled to compensation. At Schlachman, Belsky, Weiner & Davey, P.A., our experienced Baltimore medical malpractice lawyers help victims across Maryland pursue justice after serious medical errors.
Proving medical malpractice claims is difficult, and the process for filing a case is complicated. Our office has a long history of positive results in these challenging cases. We have successfully represented victims and their families for years and obtained significant compensation for those victims.
Set up a free initial consultation by calling us at (410) 685-2022 or contact us online, and we will respond to your call or email right away.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death.
What Is Considered Medical Malpractice?
A provider may be liable if they:
- Fail to diagnose or misdiagnose a condition
- Make surgical or anesthesia errors
- Prescribe incorrect medication or dosage
- Fail to act in a timely manner
- Provide substandard treatment
Understanding what is considered medical malpractice is the first step in determining whether you have a valid claim.
Common Medical Malpractice Examples
We handle a wide range of cases, including:
- Surgical errors (wrong-site surgery, retained instruments)
- Anesthesia errors
- Emergency room mistakes
- Birth injuries (including cerebral palsy)
- Medication errors
- Radiology and diagnostic failures
- Nursing and hospital negligence
We build strong cases, beginning with determining how the provider deviated from the proper standard of care. We consult with economists and others to learn how the injury has affected your life and work. We also represent the families of those who died because of medical malpractice by filing wrongful death claims to obtain the resources that allow them to put their lives back together.
When Doctors Cause Catastrophic Injury Or Death
Some medical errors lead to temporary injuries that heal over time. Others can cause permanent, life-changing conditions. A patient can become paralyzed, lose brain function or even die as a result of these significant lapses. These events fall into the category of serious medical malpractice, and they require a serious legal response.
Can a Birth Injury Be the Doctor’s Fault?
Our attorneys will look into the standard of care you received to determine if your child’s birth injury, like cerebral palsy or a NICU infection, was preventable. Unfortunately, it might be the case that a medical professional’s negligence or malpractice during delivery is what led to your child’s birth injury .
Medical malpractice that can result in irreparable harm to your child might include:
- Failure to diagnose and treat a maternal infection during pregnancy
- Failure to order an emergency C-section to prevent a difficult or prolonged labor
- Failure to diagnose or treat a health issue after birth, such as jaundice in the child, leading to kernicterus
- Failure to address issues causing oxygen deprivation to the child (asphyxia), such as excessive contractions or problem with the umbilical cord
- Improper use of forceps or a vacuum during delivery, causing brain injury or skull fractures
Medical Malpractice Can Lead to Long Term Suffering
Patients can experience profound loss due to a health care provider’s carelessness. In more serious cases, this can involve a failure to diagnose a life-threatening condition, gross negligence during surgery or using improper technique during a procedure.
Injuries from these incidents may include:
- Partial or total paralysis
- Permanent vision loss
- Significant cognitive impairment
- Loss of speech capabilities
- Limb loss and avoidable amputations
- These injuries can result in a fatality in tragic circumstances, or require lifelong medical care and assistance.
Medical Negligence vs. Malpractice
While often used interchangeably, there is a distinction:
- Medical negligence refers to a mistake or oversight
- Medical malpractice involves negligence that causes harm
How to Prove Medical Malpractice
Every case has its own unique set of circumstances, which our team of medical experts and specialists will unravel.
However, significant medical errors tend to fall into these categories:
- Fatigue: Overworked doctors and nurses are more prone to serious lapses in judgment.
- Alcohol or drug use: Performing complex procedures while impaired can lead to catastrophe for patients.
- Inadequate communication: If one staff member does not relay critical information, another may inadvertently cause a medical crisis.
- Poor documentation: Overlooking a key aspect of a patient’s medical history can have serious consequences.
- Insufficient staffing: Many hospitals and clinics do not have the staffing levels necessary to properly care for their patients.
To succeed in a medical malpractice claim, you must prove:
- A doctor-patient relationship existed
- The provider breached the standard of care
- The breach caused your injury
- You suffered damages (medical bills, lost wages, pain, etc.)
Maryland Medical Malpractice Statute of Limitations
In Maryland, you generally have:
- 5 years from the date of injury, or
- 3 years from when the injury was discovered
However, exceptions may apply. Speaking with a lawyer as soon as possible ensures your rights are protected under the Maryland medical malpractice statute of limitations.
Why Choose Our Baltimore Medical Malpractice Law Firm
We are committed to serving your best interest. We will not urge you to settle for a quick buck. We have been in practice since 1979, and we have built our reputation by working closely with each client to determine the best course of action in their situation. If we make the strategic decision to take your case to court, we have the experience, staff, contacts and resources to pursue your claim effectively.
Set up a free initial consultation now. Call us at (410) 685-2022 toll free or contact us online, and we will respond to your call or email right away.
Frequently Asked Questions
What is medical malpractice?
Medical malpractice is when a healthcare provider’s negligence causes injury or death due to failure to meet accepted standards of care.
How do I know if I have a medical malpractice case?
If a medical error caused harm and another competent provider would have acted differently, you may have a case.
How long do I have to file a medical malpractice claim in Maryland?
Typically 3–5 years, depending on when the injury was discovered.
What compensation can I recover after medical malpractice?
You may recover damages for medical bills, lost income, pain and suffering, and long-term care.
