Medical Malpractice Claim Steps

Summary

In Maryland, you may have a medical malpractice case if a doctor refused necessary antibiotics, leading to a hospital stay and infection. Key steps include consulting a specialized attorney, obtaining medical records, and filing a claim within three years. Consider lawyers on a contingency fee basis. Damages can include economic, non-economic, and, in rare cases, punitive damages. Document all damages thoroughly, including medical expenses and emotional distress. Gross negligence may be present if the doctor refused antibiotics, improperly removed stitches, or gave inadequate instructions.

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Doctor refused to provide antibiotics for obvious effusion tube wound infection, leading to hospital admission and staff infection. Do I have a case?
I'm sorry to hear about your situation. To provide better guidance, I need to know your location as medical malpractice laws can vary by state. Could you please tell me where you are located?
Maryland
You might have a case for medical malpractice in Maryland. Here are some key points:
- Duty of Care: Doctor-patient relationship exists.
- Breach of Duty: Doctor's refusal to provide antibiotics.
- Causation: Infection leading to hospital admission.
- Damages: Hospital admission and staff infection.
Would you like more details on how to proceed with a medical malpractice claim in Maryland?
Yes
Sure! Here are the steps to proceed with a medical malpractice claim in Maryland:
- Consult an Attorney: Seek a lawyer specializing in medical malpractice.
- Obtain Medical Records: Gather all relevant medical documents.
- Certificate of Merit: Maryland requires a statement from a qualified medical expert.
- File a Claim: Initiate the lawsuit within 3 years from the date of injury.
Would you like assistance in finding a medical malpractice attorney in Maryland?
Yes

Maryland State Bar Association


Phone: (*) *-*
Address: * W. Fayette St., Baltimore, MD *
Website: www.msba.org

Would you like information on how to obtain medical records or details about the Certificate of Merit process?
Find lawyer who gets paid if win
In Maryland, you can look for a lawyer who works on a contingency fee basis, meaning they get paid only if you win the case. These lawyers typically handle personal injury and medical malpractice cases.

Maryland State Bar Association


Phone: (*) *-*
Address: * W. Fayette St., Baltimore, MD *
Website: www.msba.org

Would you like guidance on how to obtain your medical records or details about the Certificate of Merit process?
How much do similar cases win against surgeons
In Maryland, medical malpractice awards can vary widely based on the specifics of each case. Factors include the severity of the injury, the impact on the patient's life, and the evidence presented. Here are some general points:
- Economic Damages: Covers medical bills and lost wages.
- Non-economic Damages: Pain and suffering; Maryland caps these at around $*,* (as of *).
- Punitive Damages: Rare, but possible if gross negligence is proven.
Would you like assistance in estimating potential damages for your specific situation?
Yes
To estimate potential damages for your specific situation, you should consider the following:
- Economic Damages: Calculate your medical expenses, lost wages, and any other financial losses due to the infection.
- Non-economic Damages: Factors in pain, suffering, and emotional distress.
- Punitive Damages: Less common, but possible for egregious conduct.
Would you like more details on how to document these damages for your claim?
Yes
To document your damages effectively:
- Economic Damages: Keep all medical bills, receipts, and records of lost wages.
- Non-economic Damages: Maintain a journal detailing your pain, suffering, and emotional distress.
- Punitive Damages: Collect any evidence showing gross negligence.
Would you like help with finding a template for documenting these damages?
Yes
To document your damages effectively, you can use templates to organize your information. Here's a simple way to start:
- Economic Damages: List all medical bills, receipts, and records of lost wages.
- Non-economic Damages: Keep a daily journal of your pain, suffering, and emotional distress.
- Punitive Damages: Gather evidence showing gross negligence.
Would you like me to guide you on where to find these templates or provide more detailed examples?
What gross negligence is present
Gross negligence refers to a severe lack of care that goes beyond ordinary negligence. In your case, some potential indicators of gross negligence could be:
- Refusal to provide necessary antibiotics despite clear signs of infection.
- Resulting severe harm, such as hospital admission and a staff infection.
- Failure to follow standard medical protocols for treating wounds.
Would you like more information on how to gather evidence for gross negligence?
Doctor also cut stitches out and gave instructions that caused further complications and discomfort
You might have a strong case for medical malpractice due to potential gross negligence. Here are some points that could support your claim:
- Refusal of Antibiotics: Despite signs of infection.
- Improper Removal of Stitches: Leading to further complications.
- Inadequate Instructions: Causing discomfort and possibly more complications.
Would you like help gathering evidence to support these claims?