Medical Malpractice FAQs

1. What Is Medical Malpractice?

Medical malpractice is a legal cause of action that occurs when a doctor, hospital, nurse, or other medical provider deviates from the accepted standard of care and causes injury to a patient.

To win a malpractice case, a plaintiff must usually prove:

• A provider-patient relationship existed
• The provider breached the standard of care
• The breach caused injury
• The injury led to damages (physical, emotional, financial)

2. What Are the Most Common Types of Medical Malpractice?

Medical malpractice can happen in many forms, but some of the most common types include:

• Misdiagnosis or delayed diagnosis
• Surgical errors (wrong site, retained instruments)
• Anesthesia errors
• Birth injuries
• Medication errors
• Failure to treat or monitor
• Hospital infections and negligence

3. How Do I Know If I Have a Case?

You may have a valid malpractice case if you:

• Suffered a serious injury or complication
• Believe your doctor made a preventable mistake
• Have been told by another physician that something was done wrong
• Received an incorrect or delayed diagnosis that worsened your condition

The best way to find out is to consult with a medical malpractice attorney who can review your records and consult with medical experts.

4. What Compensation Can I Recover in a Medical Malpractice Case?

If your malpractice lawsuit is successful, you may be entitled to compensation for:

• Medical bills (past and future)
• Lost wages or loss of earning capacity
• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of consortium (for family members)
• Wrongful death damages (in fatal cases)

5. How Long Do I Have to File a Medical Malpractice Lawsuit?

Each state has its own statute of limitations, which is the deadline for filing a malpractice claim. In Maryland, you generally have 3 years from the date of injury or from when you discovered (or should have discovered) the malpractice.

Some states also have shorter deadlines for claims against public hospitals or government-employed doctors.

6. How Long Do Medical Malpractice Cases Take to Resolve?

Malpractice litigation can be complex and time-consuming. A typical case may take:

• 6–12 months for initial investigation and expert review
• 1–2 years for litigation and discovery
• Additional time if the case goes to trial

Some cases settle before trial, but some can take several years depending on the severity of the injury, number of parties involved, and court schedule.

7. What Evidence Is Needed to Prove Malpractice?

Winning a malpractice case requires strong evidence, including:

• Medical records and imaging studies
• Expert witness testimony about the standard of care
• Documentation of injuries and damages
• Witness statements or provider admissions
• Evidence of loss (e.g., work records, prescriptions, financial statements)

Your attorney will work with medical experts to build a persuasive case.

8. Will I Have to Go to Trial?

Not all malpractice lawsuits go to trial. Many are resolved through:

• Pre-suit negotiations
• Mediation
• Confidential settlement agreements

However, some cases—especially those involving significant injuries or denied liability—do go to trial. A skilled trial attorney will prepare your case as if it will be tried, increasing your leverage in settlement talks.

9. Can I Sue a Hospital or Just the Doctor?

Yes. Hospitals can be held liable for malpractice when:

• An employed physician, nurse, or technician commits negligence
• The facility fails to maintain safe conditions or proper protocols
• There’s inadequate staffing or training
• Delays in care due to administrative failures result in harm

Your attorney will determine all responsible parties and pursue them jointly or separately.

10. How Much Does It Cost to Hire a Medical Malpractice Lawyer?

Most medical malpractice attorneys work on a contingency fee basis. This means:

• No upfront fees or hourly billing
• Attorney fees are a percentage (usually 40%) of the final recovery
• If you don’t win, you owe nothing in legal fees

Be sure to ask about litigation costs (expert fees, court filings, etc.), which may be reimbursed out of a settlement or verdict.