Medical malpractice can result in tragedy, and unfortunately, it’s all too common. If you or a loved one has been the victim of a hospital or healthcare worker’s negligence, you may have a case to obtain compensation for your losses. The medical malpractice attorneys at Sussman & Simcox have years of experience building this type of case, and we’d be glad to help you receive the compensation you deserve. If you think you may be entitled to damages such as lost wages, medical bills, pain and suffering, and more, we may be able to help you. Below, we’ve answered some of the questions we frequently receive from our clients. Read up on medical malpractice suits, and then schedule a consultation with us for further details.

What Is Medical Malpractice?

Medical malpractice, in short, occurs when a healthcare professional fails to take proper measures to ensure patient safety, and the patient is harmed as a result. Any healthcare worker can perpetrate medical malpractice, including doctors, surgeons, nurses, and even pharmacists. For a medical malpractice case to be viable, we need to prove that care fell below a professional standard, and that the negligence directly caused the injury. The attorneys at Sussman & Simcox can help you determine if you have enough evidence to start building a case.
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What Is the Statute of Limitations in Maryland?

Maryland does have a statute of limitations on medical malpractice cases. This means you only have a finite amount of time to start legal proceedings.  Medical Malpractice actions require a detailed investigation, and a review by qualified medical experts.  Investigating and/or preparing a case takes time.  There are not cases that can be investigated or prepared last minute.   Your claim must be ready to go and on file within three years of the incident.  However, Maryland also has a five-year statute of repose for certain cases that extends the filing of suit until five years.  Once the applicable statute has run, you can no longer file a malpractice action.  Even if your injury doesn’t show itself until five years after the negligent event, the court will dismiss your case. The statute of limitations does not apply until the affected individual reaches the age of 11. Our attorneys can further discuss the intricacies of Maryland law when you set up a consultation.
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Is There a Cap on Damages That Can Be Awarded?

Maryland does impose a cap on the amount of damages that may be awarded in any one case. However, this cap only applies to non-economic damages incurred by a healthcare professional’s negligence. These damages might include compensation for pain and suffering, anxiety, scarring, and any other adverse effects of the negligent incident.  The statute on malpractice damages allows the cap to increase by  $15,000 annually.  In 2020, the cap for non-economic damages was $830,000, no matter how serious or life-changing the injury.
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When Might I Have a Case?

Medical malpractice takes many forms. We most often think of botched surgeries or wrongly-administered medications when we imagine a run-of-the-mill case. While both of these may constitute a medical malpractice lawsuit, you may also be able to build a case based on other wrongdoings. We can handle a plethora of different circumstances, including those involving the following:

Do I Need an Attorney for Medical Malpractice?

Legally, you do not need a medical malpractice attorney to file a case. However, it’s strongly encouraged to have an experienced lawyer on your side whenever you’re seeking compensation for another’s negligence. The attorneys at Sussman & Simcox can take care of the hard work for you, filing any necessary paperwork, interpreting medical documents, and seeking experts to testify on your behalf. Unless you have a thorough understanding of the legal system and Maryland law, you should opt for a seasoned personal injury attorney.
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Howard Simcox
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Gaithersburg Personal Injury Attorney