All types of medical malpractice cases have a statute of limitations. Once a certain amount of time has passed, you can no longer claim compensation for injuries caused by a doctor’s negligence. Contact a surgical error lawyer in Baltimore swiftly if you’ve discovered you’ve experienced a surgical error. You’ll need to start putting a case together as soon as possible.
What Is the Statute of Limitations on Medical Malpractice in Maryland?
In Maryland, the statute of limitations on medical malpractice is five years if you found out about the malpractice at the time it occurred. For cases where a physician’s negligence wasn’t discovered until a later date, then the statute is three years from the date of discovery. However, what many people don’t know is that the statute is different for surgical cases.
What Is the Statute of Limitations on Surgical Malpractice?
The statute of limitations for surgical malpractice is always three years. If you discovered the error right away, then it’s three years from the date the error occurred. If you didn’t find out about the error until months or even years later, then your three years start from the date you discovered the error.
If you’re not sure what type of case you’re dealing with, then talking to an attorney about what you’ve been through is best. An experienced attorney should easily be able to tell you whether you have a surgical error case or a different type of malpractice case on your hands. You should always hire a medical malpractice attorney to help you with your case; visit this page to learn more about why having legal aid is vital.
How Can a Surgical Error Lawyer in Baltimore Help?
1. By Gathering Evidence
If you don’t have substantial evidence to back up your claim, then the chances that you’ll win compensation for your damages are low. Your attorney can help you gather medical records to help prove something went wrong during your surgery. If the error was discovered by a different physical or hospital at a later date, then your attorney can help you gather those records, too.
There are many other types of evidence that your attorney can help you gather if necessary. They’ll likely arrange for you to undergo an assessment by a medical expert who can weigh in on whether or not you’ve experienced a surgical error. Your attorney could also speak to your friends and family as witnesses to testify that you’ve been dealing with symptoms that can be linked back to a surgical error you recently discovered.
3. By Negotiating Your Settlement
Your attorney will present all available evidence to the liable physician/hospital and their insurance company. They will then negotiate with the insurance company to get them to offer you a sum that should cover all of your damages.
Attorneys know exactly how to negotiate with insurance companies, and they also know when to take things to court because the company is refusing to pay you an adequate settlement. They can also advise on when you should take a slightly lower settlement because you’re not likely to win a much larger sum if you go to court.
4. By Going to Court
Surgical error cases rarely go to court, but if yours does, then you’ll need your attorney by your side to present your case in front of the judge and jury. They know how to accurately present evidence in a way that should, ideally, get the judge and jury on your side.
What Damages Are Covered in Settlements for Surgical Error Cases?
1. Medical Charges
Any type of medical expense you had to pay or will have to pay in the future should be covered as part of the economic damages in your settlement. Economic damages are damages that be calculated financially.
If you’re going to need treatment for years to come, then you should be compensated enough to cover it. If you had lots of treatment for symptoms before discovering they were caused by the surgical error, then you’ll be compensated for this, too.
2. Missed Wages
You can claim missed wages as part of your economic damages, too. You’ll be compensated for the time you had to take off work while recovering from your surgery or dealing with symptoms associated with it. If you’ve been left disabled and unable to work, then you can be compensated for what you would’ve earned had you not had to leave your job.
3. Non-Economic Damages
Non-economic damages impact your day-to-day life rather than your finances. Most people will only consider physical pain and emotional distress when thinking of noneconomic damages. However, you can be compensated for the loss of quality of life, loss of activities, and several other things depending on your situation.
Always contact an attorney experienced in surgical malpractice cases if you believe you’ve experienced a surgical error. The sooner you start building a case, the better.
