The Prominence of Medical Malpractice

While most people presume mistakes by health care professionals like doctors, nurses, hospitals, midwives and others almost never occur, numerous studies reveal that medical malpractice takes a serious toll in terms of debilitating injuries and loss of life.  Evidence also exists that the situation may be getting worse.  A seminal report entitled “To Err is Human,” which was published by the Institute of Medicine in 1999, indicated that mistakes in hospitals cause the death of as many as 98,000 patients annually.  This report was followed by another report from the Office of Inspector General for Health and Human Services indicating that sub-standard hospital care constituted a factor in the deaths of 180,000 Medicare patients alone each year.

Most recently, the Journal of Patient Safety published a study that found the number of preventable deaths from hospital care was between 210,000 and 440,000 patients per year.  To put this study in perspective, this number of medical malpractice related fatalities would make medical mistakes the third-leading cause of death in the United States behind only cancer and heart disease.  Put another way, negligent health care professionals contribute to the death of between 21 and 44 times more deaths each year than drunk drivers.

Unfortunately, the news gets worse!  These statistics only account for deaths, but millions more patients suffer debilitating injuries that have a permanent adverse impact on their quality of life.  Further, these numbers only account for patients who suffer negligent medical care in a hospital setting while ignoring medical malpractice related fatalities that occur because of errors and omissions by medical care providers in out-patient settings, health care clinics and nursing homes.

Challenges in Pursuing Medical Malpractice Claims in Maryland

The American Medical Association (AMA), health care industry lobbyists, malpractice insurers, and others have engaged in widely promoted campaigns to promote “tort reform” and discourage so-called “frivolous” lawsuits.  However, the medical profession has a multitude of protections that make obtaining justice and a full financial recovery challenging for injured patients and their families.  The cost of litigating medical malpractice cases is relatively high, so medical malpractice victims often have a harder time finding a qualified and experienced Maryland medical malpractice attorney.

These protections provided to medical care providers also include multiple pre-suit requirements.  Prior to filing a medical malpractice lawsuit, medical malpractice attorneys must submit their claim to the Director of Maryland Health Claims Arbitration Office.  The attorney then has ninety days to file a certificate of merit prepared by a qualified medical expert.  This document provides evidence from a qualified professional that the health care provider being sued has deviated from the requisite standard of medical care and that the breach in this standard of care caused the patient to suffer physical or mental injury.  These obstacles have made it much more difficult for victimized patient to get the justice and compensation they deserve.

What Constitutes Medical Malpractice in Maryland

When pursuing a medical malpractice claim, the patient in a personal injury lawsuit or the family in a wrongful death lawsuit must establish the following:

1) The appropriate standard of care for a medical professional with a comparable background and training under similar or the same circumstances;

2) The act or failure to act by the doctor, nurse, hospital or other medical professional constitutes a deviation from this standard of care; and

3) The breach in the standard of care caused physical and/or emotional injury to the patient (death in the case of wrongful death lawsuits).  These forms of harm, which may include injury, disability, pain and suffering, or death, need not have already occurred.

When you retain an experienced and dedicated Maryland malpractice attorney at Azari Law LLC, you can expect a candid evaluation of your case and tenacious pursuit of the best possible financial recovery.  Mr. Azari works closely with medical experts in a range of health care disciplines to prove both the standard of care and a breach of that standard.  These experts can also provide critical evidence on the issue of causation.  Medical malpractice cases can be challenging because insurance companies often argue that even if their insured committed an error or omission, the negligent act did not change the medical outcome.

Why Hire Azari Law LLC for Your Medical Negligence Claim

When you attempt to obtain the compensation your deserve taking on hospitals, physicians and other well financed medical professionals and their insurance carriers, your choice of medical malpractice lawyer can make a difference.  Azari Law, LLC brings recognition in the form of the following:

  • Highest Rating of “10.0 Superb” by AVVO
  • Top 100 Trial Lawyers – The National Trial Lawyers
  • Top 40 under 40 – The National Trial Lawyer
  • 5 Stars (AVVO client rating based on 50 client reviews – as of 4/2016)

Azari Law LLC represents clients in the full range of medical malpractice lawsuits, including those based on the following types of negligence by health care professionals:

  • Emergency Room Errors
  • Delayed Diagnosis (e.g., cancer, cardiovascular disease, pulmonary embolism)
  • Hospital Acquired Infections
  • Robotic Surgery Errors
  • Birth Injuries (Cerebral Palsy, Erbs Palsy, Shoulder Dystocia, Brachial Plexus Palsy)
  • Medication Errors
  • Nursing Home Malpractice
  • Anesthesia Errors
  • Surgical Errors
  • Treatment Errors
  • Lack of Informed Consent
  • Other Medical Errors & Omissions

Contact Us for a Free Case Evaluation

If you or a loved one has been the victim of medical malpractice by a Maryland physician, hospital, nurse or other health care professional, Azari Law LLC can evaluate your case and explain your legal options.  Call us today at (301) 362-3300, or email us for a free consultation with one of our experienced medical malpractice attorneys. We are conveniently located in Laurel, Silver Spring, Rockville, and Ellicott City MD. There is never a fee until we win your case.