It is fairly common for individuals to blindly trust their physicians as they have experience working and treating patients in the medical field. Unfortunately, physicians can harm patients in various ways by negligently making medical errors which may include misdiagnosing or failing to treat a health condition appropriately. In the unfortunate event that you or someone you care about has been injured due to a physician’s negligence, contact an experienced Prince George’s County Medical Malpractice Lawyer who can help you recover monetary damages. Our firm is devoted to helping our clients seek the justice they deserve.
How can victims satisfy the burden of proof in Maryland?
In Maryland, victims of medical malpractice must satisfy the burden of proof to pursue legal action for medical negligence. Victims can fulfill the burden of proof by:
- Proving there was a doctor-patient relationship.
- Proving their physician owed them a legal standard duty of care.
- Proving their physician breached that standard duty of care by committing a negligent act that an otherwise reasonable physician would not have committed.
- Proving that their physician’s breach of duty of care harmed them.
- Proving that the physician’s breach of duty of care caused their damages.
Proving a medical malpractice claim can be quite challenging, however, it is not impossible.
Does Maryland limit the amount victims can recover in damages?
In most states, there is no cap on the amount of non-economic damages a victim can recover. However, in Maryland, there is a cap on the amount victims can recover for non-economic damages. Non-economic damages are subjective. They have no monetary value. Non-economic damage may include pain and suffering, loss of enjoyment of life, consortium, emotional distress, mental anguish, and other non-calculable losses. Several states in the U.S. do not have a cap, however, Maryland has a cap that restricts the amount victims can recover:
- Victims injured in 2022 are capped at $860,000
- This amount increases by $15,000 each year
- $15,000 can be added or subtracted per year depending on when the injury was inflicted
- This cap does not apply to economic damages or wrongful death claims
In Maryland, under the statute of limitations, medical malpractice victims have 5 years from the date the injury was inflicted to file a claim. However, there is an exception for injuries that were discovered at a later date. In this case, victims have three years from the date of the discovery to file a claim against negligent healthcare professionals.
If you or someone you love has been injured by medical negligence, reach out to one of our determined and adept team members. Our firm is committed to helping our clients recover fair compensation for their monetary losses. We are on your side and ready to fight on your behalf today.
