Maryland Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment

State:
Multi-State
Control #:
US-PI-0293
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
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  • Preview Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
  • Preview Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment

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FAQ

Compassion, Communication, Competence and Charting are the four C's of medical malpractice.

Maryland Wrongful Death Settlements and Verdicts The average settlement or verdict in Maryland traffic accident death claims amounts to $500,000.

Medical malpractice is a specific type of professional negligence by a healthcare provider. In the medical malpractice context, negligence means that the healthcare provider's actions deviated from or fell below the applicable accepted standards of medical practice.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.

The noneconomic damages cap in Maryland medical malpractice cases arising in 2023 is $875,000. The cap is $1,093,750 in wrongful death cases made by two or more surviving family members. There is no cap on economic damages.

Some of the most common forms of medical malpractice that attorneys see in Maryland are damage or injury occurring during the surgical procedure, damages or injury resulting from a failed surgery, including non-union or a malunion of bones, various infections that arise from hospital stays or surgical procedure, when a ...

Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.

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Maryland Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment