5 Common Challenges of Medical Litigation

Medical malpractice cases are notoriously difficult to bring. Most people who try to bring a claim without the help of malpractice lawyers lose their case, and it takes a skilled lawyer to have a good chance of success. Keep reading for some insight about the challenges that these claims face in Baltimore, MD.

From Baltimore, MD Malpractice Lawyers: 5 Common Challenges of Medical Malpractice Litigation

1. Establishing Negligence

Establishing negligence is one of the primary hurdles in medical malpractice litigation. Maryland requires plaintiffs to prove that the healthcare provider did not act in a manner consistent with how a reasonably competent provider would have acted in similar circumstances.

This requirement demands expert testimony from qualified medical professionals who can identify the specific standard of care and explain how the defendant deviated from it. Finding credible experts willing to testify against their peers can be challenging, and the case will not be heard without a "certificate of merit" from such a professional.

2. Getting Through the Pre-Litigation Process

Plaintiffs must first file their claims with the Health Care Alternative Dispute Resolution Office (HCADRO), a step that adds another layer of complexity to the litigation process. While the HCADRO facilitates alternative dispute resolution, cases that do not settle through this process must go through arbitration or obtain a waiver before proceeding to court.

3. Working With Contributory Negligence and Assumption of Risk

Maryland is one of a few states that follows something called the contributory negligence doctrine, meaning that if the plaintiff is found even slightly at fault for their injuries, they are barred from recovering any damages. This standard poses a significant challenge in medical malpractice cases, where the defense often argues that the plaintiff's actions contributed to the outcome, whether that was through non-compliance with medical advice or other factors.

Furthermore, Maryland recognizes the assumption of risk defense, which may preclude recovery if the plaintiff knowingly accepted the risk of a particular medical procedure. To use this defense, the defendant will have to show that the plaintiff had full knowledge of the risks involved and voluntarily chose to proceed.

4. Damage Caps and Economic Losses

In Maryland, non-economic damages in medical malpractice cases are capped. Non-economic damages, which include pain and suffering, emotional distress, and loss of companionship, are limited to $890,000 for cases filed in 2024, with the cap increasing annually by $15,000. If the wrongful act resulted in death and more than one claimant seeks damages, the cap is increased.

While there are no caps on economic damages such as medical expenses and lost wages, calculating these losses accurately can be challenging, especially in cases involving long-term or permanent injuries. Plaintiffs must present comprehensive evidence of past and future economic losses, and it takes a skilled lawyer to accurately calculate all you may be due. For more information, click here.

5. Defense Strategies and Insurance Companies

Medical malpractice cases are typically defended by experienced attorneys retained by powerful insurance companies. These insurers are skilled in aggressive defense strategies and know just how to dispute liability, challenge expert testimony, and undermine the plaintiff's credibility. Defending against these tactics requires a thorough understanding of Maryland's laws, the courts, and case precedent, as well as the ability to build a robust case that counters the defense's strategies.

Only by working with experienced Baltimore medical malpractice attorneys can victims can build a strong case to hold negligent healthcare providers accountable and secure the compensation needed to rebuild their lives.

4. Complex Medical Records

Medical malpractice cases often involve extensive and complex medical records. These records must be thoroughly reviewed to identify evidence of negligence and causation. Interpreting medical documentation requires not only medical knowledge but also an understanding of legal standards. Discrepancies or missing information in these records can further complicate the case, making it essential to have experienced legal and medical professionals involved in the review process.

5. Emotional and Financial Strain

Pursuing a medical malpractice claim can be emotionally and financially taxing. Plaintiffs and their families may experience significant stress due to the prolonged nature of legal battles, which can take years to resolve. Additionally, the costs associated with litigation, including legal fees and expert witness expenses, can be substantial. These financial burdens, combined with the emotional toll of reliving traumatic medical experiences, can make the litigation process challenging.

Conclusion

Medical malpractice litigation presents numerous challenges, from proving negligence and dealing with complex medical records to navigating the statute of limitations and managing the emotional and financial strain. Seeking experienced legal counsel and understanding these hurdles can help plaintiffs better prepare for the litigation journey and improve their chances of achieving a favorable outcome.