Medical malpractice is a major problem in the state of Maryland. Baltimore doctors commit thousands of medical errors every year, many of which don’t result in justice for the victims because many people don’t know their rights. In particular, surgical errors can leave patients in significant pain. Some even experience permanent injury as a result of surgical errors. A surgical error lawyer in Baltimore can help those individuals pursue a case in court.
4 Ways a Surgical Error Lawyer in Baltimore Can Help You Build a Stronger Case
1. Lawyers Can Get Another Physician to Support Your Case
The medical industry in Maryland has consistently lobbied for “tort reform” because they believe that many of the lawsuits doctors have faced are frivolous or excessive in their demands for compensation. This has only made the state more dangerous for patients instead of seeking to minimize surgical errors. These reforms have also made it harder to sue a doctor by requiring that another physician support your lawsuit. Fortunately, an experienced surgical error lawyer in Baltimore can help you get this.
Lawyers with experience in medical malpractice lawsuits in Maryland have had to deal with this additional requirement for quite some time. Therefore, they already have contact with physicians who can evaluate your claim and lend their support. Besides surgical errors, there are many other cases that could justify a medical malpractice lawsuit; for more information, click here to learn about medical malpractice lawsuits and how a lawyer can help
2. Your Attorney Can Use Subpoenas to Get More Documents
Although you need to bring as much evidence to your lawyer as you can, there will always be documents that you cannot get on your own. The hospital, for example, may not release certain details about your surgery to you directly. There are internal records and accident reports that may have been filled out without your knowledge. A lawyer can use the power of subpoena to force a hospital to deliver those documents.
However, subpoena power only works when there is already a lawsuit in place. So, it’s important that you meet with a lawyer as soon as possible to start planning your case. Once your lawsuit is filed, and you receive a response from the defendant, your lawyer can engage in discovery and use subpoenas to build a stronger case.
3. Attorneys Can Perform Depositions to Get Witness Testimony
If a hospital makes a surgical error, they will likely avoid admitting fault. Naturally, the medical staff at the hospital will want to protect themselves and the hospital as a whole. In order to build a stronger case, your lawyer can call for depositions from those involved in your surgery. This can help to substantiate your claims of medical malpractice. Perhaps a nurse in a deposition can testify to a mistake that was made.
Your family or those who brought you to the hospital can also provide their testimony to strengthen your case. However, for these testimonies to be admitted as evidence, they must follow proper legal procedures. Your lawyer will know exactly what to do so that this evidence is admissible in court.
4. Attorneys Know How to Get the Maximum Possible Compensation
Maryland’s medical malpractice tort reform put special caps on how much you can sue doctors for in Baltimore. While there is no limit on the amount you can request in economic damages, there is a maximum that can be awarded for noneconomic damages. What is the difference between these, and how can your lawyer help? Economic damages are countable; that is, you can demonstrate them on bills or receipts. Your medical bills and lost wages are economic damages.
However, noneconomic damages represent your pain and suffering and the inconvenience of having to deal with the surgical error in the first place. In 2023, the maximum you can receive in noneconomic damages is $875,000. The law that set this cap adds $15,000 every year, so if your injury took place in 2022, you can only seek up to $860,000. Although this law unfairly protects the medical industry, your lawyer will use every means available to pursue the highest award possible.
A Surgical Error Lawyer in Baltimore Is a Must for Medical Malpractice Lawsuits
As you can see, medical malpractice claims are more complex than other kinds of personal injury cases. Due to the Maryland medical industry’s additional protections, these lawsuits are harder to pursue. However, that doesn’t mean you cannot try to get compensation for your surgical error. Doctors and hospitals have to be held accountable for their mistakes. An experienced attorney can help you to do just that.
If you or a loved one may have been the victim of medical malpractice, it’s in your best interest to discuss the matter with an experienced surgical error lawyer in the Baltimore area as soon as possible.