Medical malpractice cases are a tough reality for patients in Baltimore and throughout Maryland. When a doctor or healthcare provider’s mistake causes harm, patients deserve a chance to seek justice and compensation.
But with recent changes to Maryland’s medical malpractice laws, it’s become harder for patients to take legal action. These new rules make it more difficult to file a claim, adding extra steps and challenges for those dealing with medical errors.
How the New Laws Impact Patients
Stricter Filing Deadlines
Under the new law, Baltimore patients may have as little as two years from the date they knew—or should have known—about the injury to file a claim. For those whose injuries may not manifest immediately, such as delayed complications from surgery or missed diagnoses, this shortened time frame could significantly hinder their ability to seek justice.
For example, if a patient undergoes surgery but only realizes months later that a mistake occurred, they may find themselves scrambling to meet the new deadline. In these situations, delayed action could mean the difference between receiving compensation and having the case dismissed.
Caps on Damages
While economic damages, such as medical bills and lost wages, remain uncapped, patients who suffer profound emotional distress or irreversible life changes may feel the most impact. For example, consider a patient who undergoes a procedure and experiences permanent nerve damage, causing them to lose mobility.
The financial compensation for their medical expenses might cover treatment, but the pain, emotional toll, and diminished quality of life are capped, restricting how much they can recover for non-economic damages.
Expert Testimony Requirements
One of the most critical aspects of any medical malpractice case is proving that the healthcare provider’s actions were negligent.
Under the new law, patients are required to present testimony from medical experts who meet higher qualifications, such as those with specific experience in the field relevant to the case. This makes it harder for plaintiffs to secure the expert testimony necessary to win their case.
Patients in Baltimore must now work with attorneys who have access to qualified experts and can navigate these more complex rules. Without an expert who can clearly demonstrate that malpractice occurred, even strong cases may be weakened.
Overview of New Medical Malpractice Laws
Georgia’s medical malpractice laws have changed over time, and there are a few important rules that patients need to know when filing a claim. These laws set the guidelines for how and when you can seek compensation if you’ve been harmed by medical negligence.
Statute of Limitations for Medical Malpractice in Georgia
A key aspect of filing a medical malpractice lawsuit in Georgia is the statute of limitations. Under Georgia Code section 9-3-71, patients have two years from the injury date to file a claim.
However, the law also imposes a statute of repose, which bars any lawsuits filed more than five years after the negligent act, regardless of when the injury is discovered. This five-year deadline ensures that claims are filed promptly while evidence is still available for litigation.
Expert Affidavit Requirement for Medical Malpractice Lawsuits in Georgia
In Georgia, medical malpractice lawsuits must include an affidavit of an expert when filed, as required by Georgia Code section 9-11-9.1. This affidavit must come from a qualified medical expert who confirms that the healthcare provider deviated from the standard of care, contributing to the injury.
Without this affidavit, the case is typically dismissed. The expert must have relevant experience in the same medical field as the defendant, adding complexity and cost to filing a claim.
Georgia’s Medical Malpractice Damages Cap
One of the most contentious aspects of medical malpractice law in Georgia is the limitation placed on non-economic damages.
Georgia has specific caps on how much a patient can recover in these areas:
- $350,000 Cap on Non-Economic Damages Against Healthcare Providers: Claims against a single provider, such as a doctor, have a $350,000 cap on non-economic damages.
- $350,000 Cap on Non-Economic Damages Against a Healthcare Facility: The same $350,000 cap applies to claims against a single healthcare facility.
- $700,000 Cap for Multiple Healthcare Facilities: If more than one facility is liable, the cap increases to $700,000.
- $1.05 Million Overall Cap: Regardless of the number of defendants, the total cap on non-economic damages in any case is $1.05 million.
Steps Patients Can Take to Protect Themselves
When dealing with medical malpractice, patients need to be proactive to ensure their rights are protected. By taking the right steps early on, you can strengthen your case and improve your chances of getting fair compensation.
- Seek Immediate Medical Attention: Even if you suspect a mistake, your health should be your first priority. Get a second opinion or seek another healthcare provider to address your condition and document any further treatment or harm caused.
- Keep Detailed Records: Document everything, including medical bills, treatment records, prescriptions, and notes about your symptoms or any complications. Having clear, organized records will help support your case later.
- Request Copies of Medical Records: Obtain all your medical records as soon as possible. This includes records of tests, procedures, and interactions with healthcare providers.
- Avoid Signing Anything Without Legal Advice: Be cautious about signing any paperwork from the hospital or insurance company. These documents may limit your ability to pursue a claim.
- Consult a Medical Malpractice Lawyer: Speak with a Baltimore medical malpractice lawyer who specializes in medical malpractice cases. They can guide you through the legal process, help gather evidence, and ensure your case is filed within the statute of limitations.
- Follow Your Doctor’s Orders: Make sure to follow all medical advice, even if you suspect malpractice. Failure to do so could weaken your case, as the defense may argue that your actions contributed to the harm.
By following these steps, patients can protect themselves and take important actions to support their medical malpractice claim.
Conclusion
The recent changes to Maryland’s medical malpractice laws have made the legal process more complex for patients. While the intention behind these laws is to reduce frivolous claims, they also create new hurdles for those with valid cases. It’s important to act fast, stay informed, and get legal advice to handle these new challenges. If you or someone you love has been hurt because of medical negligence, talking to an experienced lawyer can make a big difference. They can help you get the compensation you deserve and make sure your rights are protected under the new rules.
Featured Photo by Andrea Piacquadio
