Archives for March 2021

Medical Malpractice in Maryland

Common Medical Malpractice Claims

Medical Malpractice in MarylandWhen you are ill or suffer an injury, your first course of action is typically to seek medical attention. You don’t expect, though, that your condition will deteriorate because of the care you receive. Unfortunately, that happens far too often. More and more hospitals, urgent care facilities, and medical practices have shifted their emphasis, moving from placing a premium on the quality of care to maximizing their profits. That often leads to medical malpractice.

The Different Ways Medical Providers Can Be Negligent

As a practical matter, to recover for medical malpractice, you must show that a doctor, nurse, or other caregiver acted carelessly or negligently when treating you. That can take many different forms:

  • Surgical errors—A doctor or nurse can make a careless mistake during a surgical procedure, operating on the wrong body part, performing the wrong surgery, nicking an internal organ through haste or inattention, or leaving a surgical tool or implement behind.
  • Failure to diagnose or misdiagnosis—Medical professionals may misread diagnostic tests or negligently fail to order them.
  • Birth injuries—Doctors may fail to take reasonable measures before or during a delivery, leading to forceps or suction injuries, hypoxia (deprivation of oxygen to the brain), or shoulder dystocia.
  • Medication or anesthesia errors—A doctor may fail to do a proper workup before subjecting you to anesthesia, or may prescribe the wrong medication or an incorrect dose.
  • Failure to treat—A doctor may make a correct diagnosis but fail to use commonly accepted medical practices to ensure that you get proper treatment.

Experienced Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively fought for the rights of people in Baltimore and across the state of Maryland who have been victims of medical malpractice. Over the past 30 years, he has earned the highest respect from his colleagues in the legal profession, who have consistently given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest accolade possible. Mr. Smith has also earned the admiration and respect of his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Frederick County Medical Negligence Attorney

If you’re hurt because of the wrongful acts of a doctor, nurse, or other medical professional, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Medical Malpractice in Maryland

The Different Types of Damages Available

Medical Malpractice in MarylandIn Maryland, as in other states, when you file a personal injury lawsuit, including a claim for medical malpractice, there are three types of damages you can seek: economic, non-economic, and punitive:

  • Economic damages are losses that are easily calculated—tangible costs such lost wages and income, unreimbursed medical expenses, and any costs to retrofit your home, car, or other property to accommodate your injury. These losses are typically determined from pay stubs, medical bills, and actual costs of home/car modifications. In a medical malpractice lawsuit in Maryland, there is no cap or limit on the amount of economic damages you can recover.
  • Non-economic damages are less tangible and more difficult to calculate and include such things as:

    • Pain and suffering—compensation for chronic or continual pain or discomfort related to injuries suffered
    • Loss of enjoyment of life—the inability to engage in activities that previously brought you joy, satisfaction, meaning, or pleasure
    • Loss of companionship or consortium—the ability to be physically intimate with or close to those you love

    Maryland places a cap on non-economic damages in a medical malpractice claim. For non-fatal medical malpractice claims, the most you can recover for non-economic damages in 2021 is $845,000. If the medical negligence causes death, you can recover upto $1,056,250.

  • Punitive damages are rarely available in personal injury claims in Maryland, as they require proof that the defendant acted with “actual malice,” a difficult standard to meet.

Proven Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively protected the rights of medical malpractice and other personal injury victims in Baltimore and across the state of Maryland for more than three decades. He has earned the highest respect from his colleagues in the legal profession, who consistently give him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Mr. Smith has also proven himself with his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore County Medical Negligence Attorney

If you have suffered needless injury because of the negligence or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101