Women's healthcare has been a historical blind spot in the medical field. While obstetrics and gynecology have improved vastly in the last century; there are still millions of cases where patients and babies have suffered the consequences of medical malpractice in women's healthcare. Obstetrical and prenatal errors can cause birth injuries. Misdiagnosis and delayed care can cause infertility. Botched surgeries can cause pain, suffering and years of recovery. It's imperative to seek counsel from an experienced malpractice lawyer in Maryland to guide you through such a difficult time.
Common Women's Health Injuries That Can be Caused by Medical Malpractice
There is a vast array of complications that a woman can experience in the fields of obstetrics and gynecology. Medical Malpractice lawyers in Maryland have seen a variety of cases where “routine surgeries” have gone terribly wrong. Hysterectomies, laparoscopies and surgeries to remove scar tissue from endometriosis have ended in perforated organs, nerve damage and internal bleeding. Women have had to get repeated corrective surgeries and even experienced unintended infertility as a result.
Some of the most heartbreaking and troubling cases for a Medical Malpractice attorney to litigate are when there have been birth injuries to a baby caused by the negligence of the practitioner. Wrongful death of the mother due to missed signs of heart attack or preeclampsia is also a situation that no family should ever have to face.
Some women have found out they had cervical, uterine, ovarian or breast cancer years after they could have begun treatment because their symptoms were misdiagnosed or dismissed. The gender gap in medical care is particularly troublesome to medical malpractice attorneys in Maryland when it is clear their client was gaslighted into believing they didn't have an issue that was actually quite serious.
The Basics of Medical Malpractice in Maryland
A medical malpractice suit is based on the idea of negligence under tort law. The elements of the law relating to medical malpractice are;
- Duty. Did the practitioner have a doctor-patient relationship and a duty to care for you?
- Breach of duty. This is the tricky part. Did the practitioner violate the standard of medical care? The standard of medical care is measured by what would be considered a “reasonable professional” with the same level of training in the same scenario would have done. This is an element that becomes debatable and litigateable. A good medical malpractice attorney can navigate this.
- Causation. Did that breach of duty cause the injury or damage? This element is also debatable when things like preexisting conditions, age, health, weight and more become part of the equation.
- There must be quantifiable damage. Pain in and of itself is not damage unless it can be proven to exist because of an injury.
Maryland Medical Malpractice Laws Relating to Women's Health
Before even filing a lawsuit, you must go through the Health Care Alternative Dispute Resolution Office. A claim can be dismissed if you fail to prove that you attempted this first.
Maryland Medical Malpractice attorneys can also help with this step of the process and it is important to not go into this step alone as it may harm your case down the road.
A medical malpractice attorney in Maryland cannot possibly prove that an injury was caused by a practitioner without expert advice. Therefore, a Certificate of Qualified Expert is almost always required. This is a sworn statement from a qualified medical expert confirming that the care fell below the standard and caused the injury.
There is also a statute of limitations in Maryland on filing a medical malpractice claim. You have 5 years from the date the injury occurred or 3 years from when you discovered the injury occurred; whichever is earlier. This in and of itself can be debatable. Injuries relating to Women's healthcare such as scarring complications from a hysterectomy often take years to discover.
What You Can Do If You've Been Injured
Document everything. Keep every record and a journal of dates, symptoms, procedures and notes on what was said to you while it is still fresh. Keep a list of names of nurses and other practitioners involved. When a baby is born, there are easily fifteen providers involved. Don't wait to contact an attorney if you know something is not right. A confident medical malpractice attorney in Maryland can help guide you through this difficult time