It is common for individuals to turn to healthcare providers when they need medical attention as they took an oath to help those in need and provide a standard duty of care. However, if a healthcare provider breaches their standard duty of care, serious injuries and fatalities may result. Medical malpractice claims are challenging as victims must prove that a healthcare provider acted unreasonably causing them preventable injuries and damages. If you or someone you care about has been injured due to negligence in the medical field, contact one of our qualified and skilled Prince George’s County Medical Malpractice Attorneys who can help you hold negligent healthcare providers accountable for their reckless actions that caused you harm. Our firm is committed to helping our clients seek the justice they deserve.
What do victims of medical malpractice need to know about fulfilling the burden of proof in Maryland?
In Maryland, to pursue legal action against a negligent healthcare provider, the burden of proof must be fulfilled. To satisfy the burden of proof, victims must prove that their injuries and damages were directly caused by a healthcare provider’s negligence. Victims of medical malpractice can satisfy the burden of proof by:
- Proving they were a patient of the healthcare provider
- Proving their healthcare provider owed them a legal standard duty of care
- Proving their healthcare provider deviated from the standard duty of care causing their patient harm.
- Proving their healthcare providers’ deviation from the standard duty of care caused significant damages
If a victim can produce evidence that an otherwise reasonable healthcare provider would have appropriately treated their health condition and would not have deviated from the standard duty of care, victims may be awarded damages for their losses.
Does Maryland have a recovery cap on damages?
In several states, there are recovery caps on the amount a victim can recover in medical malpractice claims. However, this recovery cap only applies to non-economic damages. Maryland does enforce strict recovery caps for non-economic damages in medical malpractice claims. This means a victim of medical malpractice is limited to how much they can recover for subjective non-monetary losses. Non-economic damages may include pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and loss of consortium. In Maryland, the amount capped depends on the date or discovery of the injury. Nevertheless, the cap as of 2022 is $860,000 and increases each year by $15,000. This cap does not apply to medical malpractice claims that involve wrongful death.
In Maryland, victims of medical malpractice have 5 years from the date their injury was inflicted to file a claim against a negligent healthcare provider. However, if they discover an injury at a later date, they have 3 years to file a claim. Victims need to meet this deadline as they do not want to miss their opportunity of recovering reasonable damages for their losses.
If you or someone you love has been injured due to a healthcare provider’s negligence, reach out to one of our dedicated and determined attorneys. Our firm is ready to fight for you today.