It is difficult to name any area of the law that is less frequently litigated than malpractice law. From attorneys practicing in civil law to criminal law, malpractice law is present in all areas of the legal system. And although malpractice cases are usually thought of as personal injury cases, any lawyer can represent clients who have fallen victim to professional negligence. One type of malpractice that has been growing in recent years is medical malpractice. Medical malpractice occurs when an attorney has failed to perform his or her fundamental duties, such as determining the potential for a particular treatment, preparing a diagnosis and developing a recommendation; or when the professional has engaged in actions in which they have either negligently or intentionally injured a client. These types of actions are generally considered to be “misleading” or “intentional”.
Medical malpractice attorneys are often difficult to locate in Maryland. This is primarily because there are very few laws that apply to medical malpractice, and the state of Maryland only recognizes two types of medical malpractice – professional negligence and ocular malpractice. Professional negligence laws affect doctors and surgeons more than anyone else involved in a patient’s treatment. Because this area of the law is relatively new, most lawyers who practice in this area are still attempting to learn all of the relevant information and develop comprehensive, engaging strategies in order to win every case they represent. There are still a number of excellent Maryland malpractice attorneys who are recognized throughout the nation as expert witnesses and aggressive litigation specialists.
Medical malpractice attorneys are extremely experienced at handling a broad range of malpractice and catastrophic health care cases. They are familiar with all of the laws that govern malpractice and have offices across the state to offer their clients access to highly competent, compassionate health care providers. There are also a number of Maryland medical malpractice attorneys who have established websites to help their clients obtain the best medical care possible. In addition to handling compensation cases, some of these lawyers provide a free consultation service to potential patients in order to determine whether or not they feel they would be able to receive the type of medical care that would meet their needs.
It is important to note that not all medical malpractice attorneys work on a contingency basis. Some work on a contingency basis, which means that they only receive a percentage of any monetary award they are able to receive for a successful case. The remaining portion of the award will be paid by the insurance provider who was the subject of the malpractice. Most malpractice attorneys will take up your case if you are not sure about the validity of your malpractice claim. If they do feel that you have a valid case, most will aggressively fight for your rights so that you are fully compensated for your loss.
Due to the fact that malpractice attorneys must pay out of pocket expenses in order to retain their legal practice, it may be tempting to try to save money by self-representing yourself in court. However, it is essential to remember that malpractice damages in Maryland are calculated on a “loss of damages” basis, which means that the courts will look at what was actually spent on the medical care as opposed to the amount that was supposed to be paid by insurance. In addition, in many cases, insurance companies will refuse to pay out for their services if it is determined that the patient actually received sub-par care. If you are faced with a malpractice lawsuit, it is imperative that you seek the advice of a qualified malpractice attorney to ensure that you have the best chances of winning your case.
When considering the options that are available to you and whether or not you should choose to represent yourself in court, it is imperative that you research all of your options very carefully. You should also remember to speak with your primary care doctor to make sure that there are no complications or issues with your current medical care that could serve to justify a claim against you. Malpractice attorneys are qualified and experienced legal professionals that will be able to help you obtain the compensation that you deserve for your losses. While you may think that it is more convenient or less expensive to represent yourself, you may be putting yourself in danger and wasting valuable time and resources if you choose to proceed without the expert legal advice from malpractice attorneys in Maryland.