Medical Malpractice Attorney in Baltimore, MD
What are Reasons for Needing a Baltimore Medical Malpractice Attorney?
A malpractice attorney is a lawyer who specializes in representing people if they were injured by the negligence of another. A person has to prove that their injury was caused by the other party’s negligence, and that they were not partly at fault for what happened. Malpractice attorneys are able to investigate cases, collect evidence, negotiate settlements or take them to court.
A malpractice lawyer’s job typically includes reviewing the patient’s file to determine if there was any negligence on behalf of the doctor or nurse that led to harm to the patient. If negligence can be shown, then it is possible for compensation to be sought in a lawsuit against the healthcare provider which caused injury.
If you are in Baltimore, MD, and need a medical malpractice attorney then you should contact the law office of Cohen & Cohen, P.C. We have been serving clients for years and we will help answer any questions you may have about your case. Our medical malpractice attorney in Baltimore MD understands what it feels like to be worried about receiving quality care from doctors or other healthcare providers and we know how important it is to get advice on how to protect yourself from potential harm. If you want more information, call us today!
What are Reasons for Needing a Baltimore Medical Malpractice Attorney?
It is unfortunately common for people in the Baltimore area to need a medical malpractice attorney Baltimore, MD medical malpractice victims and their families recommend.
Medical malpractice is legally defined as, any omission or act by a medical provider that differs from the acceptable standard of care in the overall medical community and results in harm to the patient. The circumstances behind medical malpractice and omissions change from case to case and it is often best to contact an experienced medical malpractice attorney to discuss the specifics of your situation.
Medical malpractice laws do not apply to non-professionals who stop to help during an emergency situation before professionals arrive. Malpractice laws apply only to licensed and trained medical professionals.
If you or someone you love has been the victim of medical malpractice in Baltimore or anyplace in MD, it may be in your best interest to discuss your situation with a reputable medical malpractice attorney.
What are some of the most common reasons a medical malpractice case is filed?
Misdiagnosis or a failure to diagnose
Certain medical conditions, like cancer, is diagnosed in stages and may respond better to treatment if discovered in the first stages and many cancers are fatal if not treated before a certain point. Patients trust their doctors to give them the correct diagnosis in a timely manner so they can get treatment sooner and have the best possible survival rate.
When your physician does not diagnose a condition that, according to the medical standard of care they should have been able to do so, they could be considered medical malpractice. If you go on to suffer because of the doctor’s failure, your physician becomes liable for your injuries.
Even though it may be obvious to a medical malpractice victim and their family that a doctor misdiagnosed them, they may still need the help of a good Baltimore, MD medical malpractice attorney to get them the compensation they are entitled to.
Errors During Surgery
Many medical malpractice cases are a result of errors made during surgery. Negligence makes up the majority of the cases. Examples of surgery negligence claims include:
- Improper care during pre-op
- Established procedures were not followed by your surgeon
- You had a pre-existing condition that needed to be addressed prior to surgery
- The physician did not follow proper post-op procedures or did not explain how to take care of yourself after your surgery
Errors from Surgical Complications
- Blood clots
- The wound or surgical incision reopening
- Metabolic issues
If you or someone you love has had any of the above complications as the result of medical malpractice, the sooner you contact a Baltimore, MD attorney, the sooner they may be able to start protecting your rights and seeking the compensation you are entitled to.
Informed Consent Not Given
If the patient is able, they have the right to make their own decisions about health care. You have a right to decide whether you want to have certain procedures done or not. If it is an emergency, the doctor may have more leeway to move forward without your consent. However, any other time, the physician has a responsibility to explain the procedure to you and get consent for the surgery. An informed consent form is required before starting any surgery.
If the physician performs a procedure or treats a patient without their consent or talking about all other viable methods of treatment, this can be considered medical malpractice. The doctor is disregarding the patient’s freedom of choice. If the patient is injured because the procedure does not work yet the patient was not informed of all the choices, that physician may be liable for damages. In a perfect world, it would not take a medical malpractice attorney who is licensed to practice in Frederick and throughout MD to get the compensation they deserve but unfortunately, it often takes an attorney’s help to do this.
Infections that originate in the hospital are the most serious complications and the cost to health care system is about $20 billion. Almost two million patients get the MRSA infection from hospital stays and it is estimated that over 90,000 patients die from the infection. A patient getting an infection that is completely unrelated to the problem they went into the hospital for may be considered to be medical malpractice.
The Elements of a Medical Malpractice Case
Even though medical malpractice frequently takes place, it can still be hard to prove in court. That’s why it’s best to hire an attorney to represent your interests. A medical malpractice attorney in Baltimore, MD will know what evidence to collect to support your case and will develop a legal strategy based on the facts. If you are considering hiring a lawyer but aren’t sure if you have a case, reach out to Cohen & Cohen P.C. today to set up a free consultation. We will discuss your case with you and determine whether these four elements exist:
Patient-Doctor Relationship | The first step in determining if you have a case is determining whether you can establish a relationship between you and the medical provider. You will need to provide medical records that demonstrate that you were being treated by the provider and that you paid for their services.
Breach of Duty | Next, you must show that the medical provider failed to meet the universal standard of care, or what a typical provider who received the same level of training would do under similar circumstances. In other words, you will need to prove that you would not have been injured if you were treated by another provider. A medical malpractice lawyer will often hire medical experts to testify on behalf of your case to demonstrate that your provider’s care fell outside this standard.
Causation | You will also need to demonstrate that the provider’s actions caused your injury. There are two types of causation:
- Proximate Cause – The provider should have reasonably known that their actions would result in serious harm. This form of causation is more subjective and is based on what a “normal” provider with similar training would know. An example of proximate cause is if a provider prescribed a person an excessive amount of painkillers for a minor injury, despite the fact that it is known that opioids are highly addictive.
- Cause In Fact – The provider was directly responsible for your injury. For instance, if a surgeon operated on your left knee when it was supposed to be your right, they caused harm to your left knee.
A lawyer will work with you to determine what kind of causation is present in your case. They will use medical records as well as witness and expert testimony to provide that there is a direct link between your provider’s actions and your injury.
Finally you must be able to show that the provider caused you damage in the form of bodily harm or money. This can include additional medical expenses, lost income, permanent injury, disfigurement, emotional harm, or the ability to work as you once did. Not only must you prove that they caused you damage, but you must document that the amount you are claiming is reasonable. A skilled lawyer will know what damages and amounts you should request based on your case. If necessary, they will hire experts that can help quantify damages like emotional trauma that can be difficult to assess otherwise.
If you or someone you love has suffered from medical malpractice, contact a medical malpractice attorney Baltimore MD residents can rely on at Cohen & Cohen, P.C. for a free case evaluation. With over 25 years of experience, our attorneys have the knowledge and resources to help you get the compensation you deserve. We understand how difficult
Why You Need Cohen & Cohen as Your Malpractice Attorney
If you’re looking for a malpractice attorney in Baltimore, Maryland, Cohen & Cohen is the law firm to call. We have over 30 years of experience helping people just like you who are dealing with medical malpractice cases.
You may be wondering what exactly medical malpractice is and how it can affect your life. Medical malpractice occurs when a doctor or other healthcare professional fails to provide adequate care during treatment. This could mean they make an error that leads to injury or death, or they don’t properly diagnose someone who then has their condition worsen as a result of not receiving proper treatment in time. In either case, this can lead to serious consequences for patients and their families – which is why we work so hard every day on behalf of our clients here at Cohen & Cohen.
When you choose us as your legal team, we will take care of everything from start to finish so that you never have to worry about anything else related to your case again! Our attorneys handle all aspects of the litigation process including discovery (gathering evidence), depositions (interviewing witnesses under oath), mediation (negotiating settlement), and trial preparation if necessary – allowing our clients peace of mind knowing they are being taken care of by professionals with decades worth of experience handling these types cases successfully throughout Maryland and beyond!
We are committed to providing our clients with excellent service and results. Our team of experienced attorneys will fight hard on your behalf to ensure that you receive full compensation for any injuries or damages caused by another party’s negligence. You can trust us to handle every aspect of your case so that you don’t have to worry about anything other than recovering from your injury.
Don’t wait any longer to hire a medical malpractice attorney in Baltimore, MD. Contact Cohen & Cohen B.C. now for a free consultation.
Common Misconceptions About Medical Malpractice Cases
When people go into a hospital or doctor’s office, they expect to come out feeling better. However, that does not always happen. Doctors and other medical staff can make mistakes that injure patients. Medical malpractice cases are still widely misunderstood by many. Here are some common misconceptions about medical malpractice cases.
- The majority of medical malpractice cases are frivolous. The United States has gained a reputation of a sue-happy country over the years. However, believe it or not, most medical malpractice cases are not frivolous. The individuals filing these lawsuits have legitimate injuries that were caused by medical negligence. They may have high medical expenses as the result of their injury and can’t do activities that once came easy to them.
- Medical errors usually can’t be prevented. This is another common myth to stop believing. Medical errors are usually the result of carelessness and improper training. The fact is that with proper protocols, the majority of medical mistakes can be avoided. For example, diagnostic errors can be prevented by ordering more tests. Surgical errors can be avoided by developing better pre-surgery preparation procedures.
- Medical malpractice awards are astronomical. Every now and again, you may hear about someone who won millions of dollars in a medical malpractice lawsuit. However, it is important to understand that this is not the norm. Most medical malpractice victims are typically only reimbursed for their medical bills and lost wages that resulted from the medical error.
- Medical malpractice attorneys accept all cases because they want to make money. This could not be further from the truth. Medical malpractice attorneys will not just accept any case that’s thrown their way. In fact, they reject the majority of cases they are presented with. These attorneys want to ensure that there’s a good chance a case can be won before accepting it.
- Medical malpractice attorneys are very expensive. Some medical malpractice victims are reluctant to hire an attorney to represent them because they assume they can’t afford one. Fortunately, most of these work on a contingency basis, meaning they take a percentage of your settlement at the end. If you don’t win, you will not have to pay your attorney anything. That’s why there is no risk to speaking to a medical malpractice attorney in Baltimore, MD about your case.
Common Birth Injuries Caused By Malpractice
The birth of your child should be one of the happiest days of your life. However, if your newborn suffers an injury because the doctor was negligent during the labor and delivery process, the day can turn into a nightmare. Many times, birth injuries result from a doctor or other medical professional’s negligence. Here are the most common birth injuries caused by medical malpractice.
- Spinal cord injuries. The spinal cord contains nerves from the skull to the lower back. If the spinal cord gets injured in any way, it can affect many other parts of the body. Newborns who have their spinal cord compressed during the labor and delivery process may suffer temporary or permanent paralysis.
- Facial nerve palsy. As a medical malpractice attorney in Baltimore, MD can confirm, babies can lose voluntary muscle movement in the face if excess pressure is put on their facial nerves during the labor and delivery process. This is more likely to occur when forceps or vacuum extraction is used to pull a baby out.
- Cerebral palsy. Cerebral palsy is a medical condition that causes damage to the brain or nervous system during the labor and delivery process. Some of the causes of this condition include oxygen deprivation to the brain, failure to respond to fetal distress and excessive use of forceps. Although the condition will not get worse over time, it can’t be cured. Symptoms of cerebral palsy include speech difficulties, excessive drooling, ongoing pain, vision problems, learning disabilities and slow body movements.
- Collar bone fractures. If a baby’s shoulders get stuck behind the mother’s pubic bone during the labor and delivery and process, shoulder dystocia can occur. If the doctor or other medical staff do not handle the situation properly, the newborn may sustain a fractured collar bone.
- Intracranial hemorrhage. If there is not enough blood or oxygen in the bloodstream, a vessel could rupture inside a baby’s brain, which can cause excessive bleeding. As a result, a baby could suffer brain damage or other serious complications.
- Brachial plexus. This injury causes damage to the nerves that go from the upper spine to the neck, shoulder, arm and hand. In mild cases, the nerve is stretched. If the damage is more severe, it can result in complete paralysis.