- posted: Nov. 04, 2013
A 25-year-old woman is informed by a doctor that she has a cancerous tumor in her right breast that requires immediate surgery, radiation and chemotherapy. Upon awaking from surgery, the woman is informed that her left breast was removed during the unilateral mastectomy procedure. Therefore, the cancerous tumor remains in the right breast, and the woman had to undergo another surgery the next day. Undoubtedly, the woman was significantly injured because of the medical professional’s mistake, and she should consult a Maryland medical malpractice lawyer.
Filing a medical malpractice claim
If a healthcare professional breaches the duty to provide reasonable care to a patient and causes injury, medical malpractice has occurred. The required duty is based on the standard of care a trained professional in the relevant field would use. This includes generally accepted practices for treating patients with a specific illness in the same geographical vicinity.
The patient must demonstrate that a breach of duty caused the injury sustained. In the example above, the surgeon breached a duty of care by removing the wrong breast, which directly led to the patient sustaining injuries. An individual injured because of medical malpractice may seek the following damages:
- Compensatory damages or actual or economic damages
- Noneconomic damages, such as pain and suffering
- Punitive damages
In 2013, Maryland malpractice law placed a $725,000 cap on noneconomic damages, and each year after, the cap increased by $15,000. However, no cap exists for economic damages, such as payment for ongoing medical care, past medical expenses, reimbursement for lost income and compensation for harm to the plaintiff’s ability to earn a living. A person who has suffered an injury caused by a medical professional should seek the help of a personal injury law firm in southern Maryland for guidance through the complex maze of filing a personal injury claim.
Mudd, Mudd & Fitzgerald, P.A. provides injured individuals with the information they need to pursue a medical malpractice claim. Located in La Plata, the firm represents clients throughout Charles County, St. Mary’s County and Calvert County and the surrounding areas.
