Medical malpractice is a separate and distinct tort, carrying with it a specific set of rules including its own Statute of Limitations.

1. What is the legal definition of medical malpractice?
   A deviation from the accepted standard of care practiced in that particular community.
   
2. How do you know if a deviation occurred?
   First of all, remember that a bad result or a wrong judgement call does not equal a deviation necessary to prove malpractice.
   
3. How then, do you determine if a deviation occurred?
   Medical records need to be reviewed by a medical expert who must provide a written opinion that there was a deviation.
   
4. How and where do you find these medical experts?
   We have a national bank of medical experts in every possible field ready and willing (often for a fee) to review and submit an expert opinion. Of course the opinion is not always favorable.
   
5. Do you have to have an expert?
   Yes - the expert's opinion needs to be attached to your lawsuit.
   
6. Assuming a favorable expert opinion where do you file the suit?
   Recent changes in the law permit you the choice as follows:
   1. Health Claims Arbitration - a panel of three, a lawyer, doctor and lay-person, who hear the entire case and render a decision as to the alleged negligence and to damages if appropriate. Either side can appeal to the Circuit Court.
   2. Circuit Court - you may bypass the arbitration process and waive directly to the Circuit Court where you may request a jury trial.
      
7. What are the advantages and disadvantages of each?
   Arbitration may be quicker and cheaper, and because you can appeal you can get two "bites of the apple"(although the arbitration verdict can be introduced as evidence in the Circuit Court). There is a prevailing view that a jury will be more sympathetic to an injured victim and thus you may want to bypass the arbitration process.
   
8. What about damages ?
   Since medical malpractice is a tort and money damages will be requested there must be a compensable injury directly related to the malpractice.
   
9. When is an injury compensable?
   The illness, injury and/or a disease must be directly attributable to the deviation alleged. If the illness, injury and or disease would have occured even without the malpractice, or if the malpractice is discovered and corrected in time so that one are no worse off than one would have been had there been an immediate diagnosis, there may be no case.
   
10. Can you give some examples?
    
    • A misdiagnosis and/or undiscovered problem results in months of pain. Once the problem is properly diagnosed, surgery corrects the problem. It is determined that the delay in discovery did not exascerbate the problem - thus one did not suffer from the delay in diagnosis. Other then the months of pain there are no other damages. This case may not be worth pursuing.
    • A misdiagnosis of pancreatic cancer usually will not result in a claim because there is no cure - one would die regrdless of the misdiagnosis.
    • Classic compensable cases include a misdiagnosed cancer which results in a fatal delay of treatment; childbirth, whenever the baby is not properly monitored and suffers a loss of oxygen causing brain damage; foreign objects left in the body from surgery.
      
11. What is the Statute of Limitations?
    You may file suit for medical malpractice within three years of the date of malpractice or three years from when the malpractice is discovered but in no case more than 5 years from the date of malpractice . There are different limitations for minors so check with us immediately.
    
12. What should I do if I believe I have a medical malpractice case?
    Call my office for a free consultation - I will review your information in order to determine your next step. Please bring a comprehensive history of your treatment and a list of all the health care providers involved in your treatment.
    
13. What are attorney's fees and costs?
    Our standard fee is 33 1/3% of a settlement and 40% if we file suit. Medical records must be obtained, experts must be retained to review and provide opinions and testimony, and there are court costs and deposition fees. It is not unusual for costs in a very serious case to exceed $10,000.00. Normally, we request that you pay for the cost of obtaining the medical records while we front the cost for experts. Each case varies, however, and cost arrangements may also.
    
14. How much can I recover for damages?
    There is a statutory cap on "pain and suffering". You may, however, in addition also recover for past and future medical bills as well as past and future lost earnings. If there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the above limitation, regardless of the number of claimants or beneficiaries.

SHOULD YOU HAVE ANY QUESTIONS REGARDING MEDICAL MALPRACTICE CALL US IMMEDIATELY- FIND OUT YOUR LEGAL RIGHTS
363-6848 or 590-6848 (Glen Burnie )
1-800-STAR203