Injured Due to Hospital / Nurse Negligence?
Call Our Baltimore Medical Malpractice Lawyers
When a person is hospitalized, they are vulnerable and in need of care from medical professionals—professionals that are expected to provide proper care. When someone receives substandard care during a hospital stay from a nurse or a doctor, serious injuries may occur. Whether you or a loved one has suffered damages due to a poorly kept hospital or a negligent nurse, The Law Office of Snyder & Snyder, P.A. is here to help. Our Baltimore medical malpractice lawyers have 50+ years of collective experience and have more than $1 billion* on behalf of our clients over the years. We know how to help.
Trust your case to our firm. Contact us today to set up a consultation.
Identifying Hospital & Nurse Negligence in Maryland
Medical negligence occurs in a hospital setting when a medical professional or hospital’s negligence results in a patient’s injury or death. To be liable for medical malpractice, the healthcare professional must have failed to follow the customary standard of care.
This can include any of the following:
- Birth injuries
- Prescription errors
- Various other situations
- Failure to order proper tests
- Failure to keep conditions sanitary
- Improper monitoring of a patient
- Failure to provide necessary treatment
- Improperly delivered medications
- Misdiagnosis or delayed diagnosis
When preventable medical errors take place in the hospital setting and lead to injuries, the hospital may be liable for hospital negligence. Hospitals can be held liable for any type of medical malpractice, including medical errors made by doctors, nurses, and other health professionals.
Common Questions on Medical Negligence
What Is the “Customary Standard of Care”?
Doctors are held to a standard of care that is set by the custom of their medical profession. To be qualified to practice as a physician, a person must first obtain knowledge and skill that is common to the members of their profession. When doctors fail to conform to the customary practices, they set themselves up for liability.
As long as doctors practice medicine in a way that conforms to the medical profession’s established standards of practice, they will not be liable for medical malpractice. When a doctor, nurse, or even hospital operates or encourages others to operate outside of the accepted standard of care, it can lead to medical malpractice and negligence.
How Do I Know if I Have a Valid Hospital Negligence Claim?
Poor medical outcomes do not always indicate that medical malpractice occurred. Healthcare professionals must frequently make difficult decisions about treating medical conditions. Sometimes the care provider may make a decision that causes harm. However, as long as the decision was reasonable under the circumstances and was consistent with the customary standard of care, it likely won’t be considered medical malpractice.
If you are concerned that you suffered an injury due to hospital malpractice, contact an attorney to discuss your case. Medical malpractice lawyers are experienced at investigating claims of hospital malpractice and can help you determine whether you have a legal claim.
Does it Matter if a Doctor Is a Hospital Employee?
Hospitals are responsible for the actions of their employees. If an employee’s negligence causes harm to a patient, the hospital can be held liable for the patient’s injuries. While nurses, paramedics, and medical technicians are typically hospital employees, doctors often are not.
Many doctors are independent contractors. If the doctor is an employee of the hospital, then the hospital will be liable for injuries caused by the physician’s medical errors. If the doctor is an independent contractor, the hospital may not be held responsible for medical errors, even if they take place at the hospital.
In an effort to address the issue of hospital liability for contracted physicians, the courts have sometimes referred to the doctrine of corporate or direct liability, by which a hospital may be found negligent for failing to monitor the treatment offered “within its walls.” Because there are some exceptions to this rule, you should speak with a skilled hospital malpractice lawyer in Baltimore to find out who may be held liable for your injuries.
How Can I Prove that Hospital Negligence Occurred?
To prove medical malpractice, the plaintiff must show that the health care provider deviated from the customary standard of care and that this deviation caused the patient to suffer an injury. In medical malpractice cases, the deviation from the customary standard of care is referred to as a breach of duty. The plaintiff must be able to prove that the health care professional’s breach of duty caused actual physical, financial, or psychological harm. While medical malpractice suits are relatively common, these cases can be difficult to win without proper representation or sufficient evidence. It is important to work with an experienced medical malpractice attorney during this time.
Is There a Statute of Limitations for Medical Malpractice Claims?
The statute of limitations for medical negligence and malpractice claims varies by state. According to Maryland Courts and Judicial Proceedings § 5-109, a claim must be filed either (a) 5 years from the time of injury; or, (b) within 3 years following the date the injury was discovered. The statute of limitations for a minor is different. Typically, someone who is injured while under the age of 18 has until their 21st birthday to file a lawsuit. Of course, there may be exceptions to these general rules, making it crucial that you consult a legal professional.
What Type of Compensation Could I Receive?
The goal of personal injury law is to make the injured party “whole” again. In many cases involving medical negligence, it is impossible to undo the physical and emotional damage. Depending on the type of injury, a plaintiff in a medical malpractice lawsuit could recover damages for lost wages, pain and suffering, medical expenses, and other injury-related costs. In cases involving wrongful death, surviving family members can receive compensation for funeral costs and loss of consortium. If the surviving family members were dependent on the decedent for financial support, they may be compensated for those lost financial contributions.
If hospital negligence or nurse negligence led to your or your loved ones injuries, now is the time to call The Law Office of Snyder & Snyder, P.A. You can reach us at (410) 983-3535.