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Serving Injury & Accident Victims
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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
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When medical care goes wrong, it can have life-altering consequences for patients and their families. Pursuing a medical malpractice claim is not only about financial compensation but also holding healthcare providers accountable for their actions. At DuBoff & Associates, we understand how difficult this process can be, and we are ready to provide the support you need to take action.
Extensive Trial Experience: Medical malpractice cases often require a willingness to go to trial, as many healthcare providers and their insurers resist settlement. At DuBoff & Associates, we are known for our trial readiness. We have the courtroom experience to stand up to large hospitals and insurance companies – this gives us an edge when negotiating settlements, as insurers know we are prepared to take the case all the way if necessary.
Proven Success in Medical Malpractice Cases: Over the years, we’ve helped clients secure compensation for a wide range of medical malpractice claims. Our record includes cases involving misdiagnosis, surgical errors, birth injuries, and more. While no two cases are alike, our history of favorable settlements and verdicts speaks to our ability to achieve meaningful results for clients who have been harmed by negligent medical care.
Access to Top Medical Experts: One of the key elements in a medical malpractice case is proving that the healthcare provider’s actions fell below the standard of care. We work with respected medical professionals who help us review your case and provide testimony when necessary. This ensures that your claim is supported by credible, professional evaluations of your injury and the negligence involved.
Familiarity with Maryland Medical Malpractice Laws: Maryland’s medical malpractice laws include specific rules that can impact your claim, such as damage caps and the need for a Certificate of Merit before filing a lawsuit. Our attorneys make sure that your personal injury claim is properly filed and that you meet all necessary deadlines to preserve your right to compensation.
Tailored Case Strategy: We understand that every medical malpractice case is different. That’s why we take the time to thoroughly assess your situation and build a tailored legal strategy. Whether the negligence involved a misdiagnosis, medication error, or surgical mistake, we approach your case with a clear plan designed to pursue the compensation you deserve.
Thorough Investigation and Evidence Collection: Medical malpractice cases require detailed investigations to uncover the facts and build a strong case. From obtaining relevant medical records to interviewing witnesses and working with experts, we leave no stone unturned.
No Fees Unless We Recover Compensation: We know how stressful it can be to manage financial concerns after experiencing medical negligence, which is why we work on a contingency fee basis. This means you don’t pay any legal fees unless we recover compensation on your behalf.
At DuBoff & Associates, we are here to provide you with the legal guidance and representation you need for your medical malpractice claim. Contact us today for a free consultation to discuss your case and find out how we can help you seek the compensation you deserve.
Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, resulting in harm to the patient. Below are common examples of medical malpractice that can cause serious, lasting effects:
Misdiagnosis happens when a doctor incorrectly identifies a patient’s illness, while delayed diagnosis refers to delays in identifying the condition. These medical errors can result in incorrect or delayed treatment, potentially leading to worsening conditions or even death. For instance, misdiagnosing cancer as a benign condition can allow the disease to progress to an untreatable stage.
JAMA Internal Medicine published a study that aimed to identify the most common reasons behind malpractice lawsuits. Researchers found that approximately 35 percent of these cases involved an error during diagnosis.
Surgical errors are mistakes that occur during an operation. These can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to surrounding tissues or organs. Even when surgeries are routine, these types of errors can result in severe complications, infections, or even fatalities.
Medication errors include administering the wrong medication, incorrect dosage, or providing a drug that the patient is allergic to. These errors can lead to adverse reactions, worsening conditions, or dangerous drug interactions. For example, giving a patient the wrong dose of insulin can lead to life-threatening complications like hypoglycemia.
Birth injuries can occur when medical professionals fail to properly monitor or address complications during pregnancy, labor, or delivery. Common issues include failing to perform a necessary C-section or improper use of forceps, which can result in injuries such as cerebral palsy or Erb’s palsy. These injuries often lead to long-term or permanent disabilities for the child.
Doctors are required to inform patients of the risks, benefits, and alternatives to a proposed treatment. Failure to obtain informed consent occurs when a doctor does not fully explain these factors, and the patient agrees to a procedure without knowing the potential risks. If the patient is harmed by a risk they were unaware of, they may have a claim for medical malpractice.
Anesthesia mistakes can occur when an anesthesiologist administers too much or too little anesthesia, fails to monitor the patient properly, or doesn’t account for the patient’s medical history. These errors can cause severe injury, brain damage, or even death. A common anesthesia error includes failing to recognize and respond to adverse reactions during surgery.
Even when a doctor correctly diagnoses a condition, failure to provide timely and adequate treatment can also be considered malpractice. For instance, sending a patient home without appropriate care instructions, or failing to refer them to a specialist when needed, can lead to further harm.
By understanding these common examples of medical malpractice, patients can better protect themselves and recognize when they may need to take legal action. If you believe you’ve been a victim of medical malpractice, it’s important to consult with an experienced attorney who can help you understand your options.
Every potential case of medical malpractice involves two core questions:
Did the medical professional in charge of your treatment fail to meet the standard of care that any professional in the same specialty would be expected to show any patient under circumstances similar to yours?
Did this failure cause your injury?
These are clearly not simple questions to answer. Most of us do not have sufficient medical training to make such a determination. However, a knowledgeable malpractice lawyer, such as those at DuBoff & Associates, Chartered, understands how to build such a case through evidence collection and the use of expert witnesses. We have more than 50 years of combined experience bringing medical malpractice and wrongful death claims on behalf of our clients.
It is not always easy to tell if you or someone has been a victim of medical malpractice. If you are unsure but you suspect that you may have a claim, it is important that you contact a personal injury law firm to investigate. A competent firm will piece together the facts and analyze them next to medical standards of care. Contact us for a free initial consultation.
The compensation you may receive In a successful medical malpractice claim depends on several factors, including the severity of the injury, the costs of medical care, lost wages, and pain and suffering. Maryland law provides for two main categories of damages: economic damages and non-economic damages.
Economic damages are intended to cover the measurable financial losses you’ve incurred as a result of medical negligence. They include:
Medical Expenses: This includes past and future medical costs related to the malpractice. For example, if you require ongoing treatment, surgery, or rehabilitation due to a misdiagnosis or surgical error, these expenses would be covered.
Lost Wages: If you missed work or cannot return to your previous job due to the injury, economic damages can cover your loss of income. This includes both past lost wages and any reduction in future earning capacity if the malpractice affects your long-term ability to work.
Other Financial Losses: Any out-of-pocket expenses that resulted from the malpractice can also be claimed, such as the cost of hiring in-home care or modifying your home for accessibility.
There is no cap on economic damages in Maryland, so you can recover the full amount of financial loss related to the malpractice.
Non-economic damages are awarded for the intangible impacts of medical malpractice, such as pain, suffering, emotional distress, and loss of enjoyment of life. However, Maryland law places a cap on non-economic damages in medical malpractice cases.
For cases occurring in 2024, the cap on non-economic damages in Maryland is $935,000 ($2,262,500 for a wrongful death case with at least two survivors). This cap increases by $15,000 each year. It applies to claims of pain and suffering, and it limits the amount you can recover for these non-monetary harms.
Although rare, punitive damages may be awarded in some cases where the healthcare provider’s actions were especially reckless or willful. Unlike economic and non-economic damages, punitive damages are designed to punish the defendant rather than compensate the victim. However, Maryland has stringent requirements for awarding punitive damages, and they are not commonly granted in medical malpractice cases.
The total amount of compensation in a successful medical malpractice claim varies widely depending on the case. For instance, a claim involving long-term disability and significant medical costs would result in a higher award compared to one with a short-term injury.
To give a rough idea, economic damages can reach into the millions of dollars in cases where lifelong care is required, while non-economic damages are capped as outlined above. If you have a strong case and clear evidence of medical negligence, the compensation could cover both immediate and future medical needs, lost income, and the personal suffering you’ve endured.
Understanding the potential compensation for a medical malpractice claim is important, and it’s helpful to speak with an attorney who can assess your case under Maryland law. They can help you estimate the likely value of your claim based on the specific damages you’ve experienced.
In Maryland, the time limit to file a medical malpractice claim is defined by the statute of limitations, which determines how long you have to take legal action after discovering that you were injured. Maryland law generally allows the following deadlines:
Five Years from the Date of Injury: In most cases, you have up to five years from the date the medical malpractice occurred to file your claim. This is the absolute deadline, even if the injury or negligence was not immediately apparent.
Three Years from the Date of Discovery: If you do not discover the injury right away, Maryland law allows you to file within three years from the date you became aware of, or should have reasonably discovered the injury. This means that if the harm caused by medical negligence wasn’t immediately evident, the clock starts running when you first become aware of it.
Exceptions for Minors: For claimants who were minors at the time of the malpractice, the statute of limitations is a bit different. Minors have until the age of 21 to file a medical malpractice claim, regardless of when the injury occurred or was discovered.
If you miss these deadlines, you likely won’t be able to file a claim at all, which is why it’s critical to act promptly. Medical malpractice cases often require thorough investigation and the gathering of evidence, so the sooner you begin the process, the better. If you’re unsure about the deadline in your case or have questions, it’s a good idea to consult with a lawyer to ensure that your rights are protected under Maryland law.
While medical malpractice claims generally focus on the actions of healthcare providers, product liability law can also play a role in certain cases. It addresses the responsibility of manufacturers, distributors, and sellers when a product causes harm to individuals. This area of law is particularly relevant when defective medical devices, drugs, or equipment are involved in a patient’s injury, and such claims may overlap with medical malpractice.
When a patient is harmed by a defective product used during medical care – whether it’s a faulty medical device or a dangerous drug – a product liability claim may be brought in addition to, or instead of, a medical malpractice claim. This is because product liability claims focus on the safety and reliability of the product itself, rather than the conduct of the medical professional.
Common product liability issues in medical malpractice cases include:
Defective Medical Devices: Devices such as pacemakers, hip implants, and surgical tools can malfunction or fail, leading to serious injury or death. In these cases, the manufacturer may be held liable for producing or distributing a defective product.
Dangerous Drugs: If a drug is improperly tested, has dangerous side effects, or causes unexpected harm, the pharmaceutical company that produced the drug may be held accountable. This can include prescription medications as well as over-the-counter drugs.
Failure to Warn: In some cases, a product may not be inherently defective, but the manufacturer failed to provide sufficient warnings about potential risks. For example, a medical device may have known complications that weren’t properly disclosed, leading to injury.
Medical professionals rely on safe, effective equipment and medications to treat their patients. When these products are faulty, it can have devastating consequences. In such cases, manufacturers, suppliers, or others in the supply chain may be held accountable under product liability law. This can provide patients with additional avenues for compensation beyond medical malpractice, especially when the harm was due to a product defect rather than a provider’s medical mistake.
Sometimes healthcare professionals make mistakes that lead to the wrongful death of a patient. In such cases, family members can pursue fair compensation for medical and funeral expenses, lost future income, loss of companionship, and pain and suffering. The skilled wrongful death attorneys of DuBoff & Associates, Chartered can help.
Wrongful death is an incredibly painful tragedy to have to undergo. It is easy to be paralyzed by grief, pain, and anger. As medical malpractice attorneys, we urge you to pursue the financial compensation that you and your family are rightfully entitled to, so that you might feel like, on some level, justice has been served. No amount of money can bring back the person you loved, but it can do two things:
It holds the responsible parties accountable and, by generating attention to their malpractice, may prevent others from suffering from the same injustice as you have.
And it can help to ease some of your pain by bringing you some financial stability.
Do not suffer alone. The Silver Spring medical malpractice attorneys at DuBoff & Associates, Chartered have successfully litigated wrongful death claims in the Greater Baltimore/Washington, D.C. Area and can help you.
DuBoff & Associates, Chartered understands Maryland medical malpractice law. We serve all of Maryland as well as Washington, D.C. from our offices located in Silver Spring and Baltimore.
One thing that we prioritize is our accessibility. When you call our office in Silver Spring, you will speak with an attorney-it’s that simple. Our firm is composed of five attorneys and three paralegals-all competent and ready to assist you with your legal needs. We offer free initial consultations over the phone, but we prefer to meet face-to-face if possible. Our clients are not just another case-they become a part of our family. We begin building a relationship with them from day one and believe in the power of connecting in person.
However, if you are seriously injured and unable to make it to our office, our medical malpractice lawyers make home and hospital visits, on evenings and weekends if necessary. Home and hospital visits are available to our seriously injured clients who are unable to make it to our office, and we offer evening and weekend appointments when necessary. Contact us online or at 866.210.6821 today to arrange a consultation regarding your case.
