Articles Posted in Medical Malpractice Damages

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babyA Montgomery County jury awarded $44.1 million to a Bethesda couple who alleged that their Rockville, Maryland fertility physician did not properly screen the surrogate mother who carried their baby. After the surrogate became pregnant, the couple learned that she had a history of complications she did not disclose to the doctor.

The surrogate delivered a little girl three weeks premature. After birth, the child was placed in neonatal intensive care, and she died some time later, due to sepsis and extreme prematurity. The couple then sued the obstetrician and her Rockville practice for medical malpractice and wrongful death.

Medical malpractice claims are rooted in the legal doctrine of negligence. Negligence refers to the failure of a person to exercise reasonable care in their conduct. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In the context of medical malpractice claims, negligence occurs when a medical professional fails to use the level of care used by other medical professionals in the same specialty under the same or similar circumstances. Wrongful death claims are appropriate when negligence causes the untimely and preventable death of a loved one.

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Twenties on WhiteMedical errors can result in serious and long-term injuries to a patient. In the worst of cases, medical malpractice can even cause a death. If you or someone close to you has been harmed by a medical professional’s negligence, we can help. Our skilled Baltimore injury attorneys can thoroughly analyze the facts of your situation to determine the appropriate damages in your case.

Damages are defined as the monetary compensation that is awarded to a plaintiff who has been injured through the wrongful conduct of another party. Damages are intended to measure the extent of a plaintiff’s harm in financial terms. Damages are supposed to restore the injured party to the position in which he or she was prior to the defendant’s wrongdoing.

In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, future medical costs, rehabilitation costs, loss of income, future loss of income, and property damage. Put another way, economic damages are those that can be typically calculated from documents and records. For example, to establish medical bills, you would obtain your medical records from each health care provider to show the cost of the treatment you have received. Additionally, you can ask a health care provider for a report about your future medical care, including any upcoming procedures, treatment, or therapy. Similar documentation would be required to establish lost wages and property damage.

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