FREQUENTLY ASKED QUESTIONS About Medical Malpractice in Maryland

Medical malpractice occurs when a doctor, hospital, nurse, surgeon, anesthesiologist, or another healthcare provider fails to provide care that meets the accepted medical standard, resulting in injury or death to a patient.

Not every poor medical outcome is malpractice. A successful claim generally requires proof that a healthcare provider's negligence directly caused preventable harm.

You may have a claim if:

• A healthcare provider made a preventable mistake.
• The mistake caused significant injury or worsened your condition.
• Another qualified medical professional believes the standard of care was violated.
• You suffered financial losses, permanent injuries, disability, or the loss of a loved one.

The best way to determine whether you have a case is to have your medical records reviewed by an experienced medical malpractice attorney.

Cardaro & Peek handles a wide variety of medical negligence cases, including:

• Misdiagnosis and delayed diagnosis
• Failure to diagnose cancer
• Surgical errors
• Birth injuries
• Medication mistakes
• Emergency room negligence
• Hospital negligence
• Nursing negligence
• Anesthesia errors
• Failure to monitor patients
• Failure to order appropriate testing
• Delayed treatment
• Wrong-site surgery
• Radiology errors
• Laboratory mistakes
• Sepsis misdiagnosis
• Stroke and heart attack misdiagnosis
• Nursing home negligence
• Wrongful death resulting from medical negligence

The standard of care refers to the level of treatment that a reasonably competent healthcare provider with similar training would provide under similar circumstances.

If a provider fails to meet this standard and causes injury, they may be legally liable.

Maryland has strict deadlines known as statutes of limitations.

Generally, a medical malpractice claim must be filed within:

• Five years from the date the injury occurred, or
• Three years from the date the injury was discovered,
• whichever occurs first under Maryland law.

Because every case is different, it is important to speak with an attorney as soon as possible.

Depending on your case, you may be able to recover compensation for:

• Medical expenses
• Future medical care
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Permanent disability
• Emotional distress
• Rehabilitation costs
• Home care expenses
• Funeral expenses (wrongful death cases)

Yes.

Hospitals may be held responsible when their employees or systems contribute to patient injuries through negligent care, inadequate staffing, poor supervision, medication errors, or unsafe procedures.

Liability depends on the specific facts of the case.

Yes.

Physicians can be held responsible if their negligence falls below accepted medical standards and causes injury.

This includes primary care physicians, specialists, surgeons, emergency physicians, obstetricians, anesthesiologists, radiologists, and many other healthcare professionals.

Many medical malpractice cases involve multiple negligent parties.

Depending on the circumstances, liability may include:

• Physicians
• Hospitals
• Nurses
• Physician assistants
• Nurse practitioners
• Surgical teams
• Medical practices
• Laboratories
• Imaging centers

An experienced attorney will investigate every potentially responsible party.

Yes.

Maryland medical malpractice cases typically require qualified medical experts to review the medical records and provide opinions regarding whether the standard of care was violated and whether that violation caused the injury.

Important evidence often includes:

• Medical records
• Hospital records
• Physician notes
• Imaging studies
• Laboratory results
• Medication records
• Surgical reports
• Expert medical opinions
• Witness statements
• Billing records

Cardaro & Peek handles medical malpractice cases on a contingency fee basis.

This means:

• No upfront attorney fees
• No hourly legal bills
• Attorney fees are paid only if compensation is recovered for you

Every case is different.

Some cases resolve within a year, while more complex litigation involving serious injuries or multiple healthcare providers may take several years.

Factors that affect timing include:

• Complexity of the medical issues
• Number of defendants
• Expert review
• Court scheduling
• Settlement negotiations

You should:

1. Continue receiving necessary medical treatment.

2. Keep copies of medical records and bills.

3. Write down everything you remember.

4. Avoid discussing your case publicly.

5. Contact an experienced medical malpractice attorney as soon as possible.

Early investigation often preserves valuable evidence.

Families may have the right to pursue a wrongful death or survival action when medical negligence causes a fatal injury.

These cases may provide compensation for funeral expenses, lost financial support, and other damages permitted under Maryland law.

Yes.

Medicine carries inherent risks, and not every complication is malpractice. However, if a preventable error or failure to meet the accepted standard of care caused the complication, you may still have a valid claim.

An independent review of your medical records can help determine whether negligence occurred.

Many medical malpractice claims are resolved through settlement negotiations.

However, if a fair settlement cannot be reached, Cardaro & Peek is prepared to advocate for clients throughout the litigation process.

Medical malpractice cases are among the most complex types of personal injury litigation. Choosing a law firm with experience handling these cases can make a significant difference.

Cardaro & Peek offers:

• Extensive experience with complex medical malpractice claims
• Thorough investigation and case preparation
• Access to qualified medical experts
• Personalized legal guidance
• Strong advocacy during settlement negotiations and litigation
• Contingency fee representation