Is Dental Malpractice the Same as Medical Malpractice?

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Most people hate visiting the dentist whether it is for a routine exam and cleaning or a more serious tooth extraction. Regardless the reason for your visit, the dentist’s office is not a place most people find pleasurable. So, when your dentist ends up doing more harm than good that result in pain and suffering for you as well as additional expenses, you deserve to be compensated for the injuries you sustain. What type of suit is dental malpractice? If you or a loved one have been injured due to the negligence of your dental practitioner or facility, contact an experienced Maryland medical malpractice attorney to help you determine whether you have a viable claim and to help you determine how to move forward with that claim.

Dental Malpractice

Although dentists and their practitioners are not considered medical doctors, when you are injured by one, the effects could be just as damaging. Dental malpractice happens when a dentist fails to perform in the way that other dentists similarly situated would practice, and though it is dental malpractice, it fails within the same category of medical malpractice and is governed by the same laws. As in medical malpractice cases, dental practitioners have a duty to adhere to the industry’s standard of care in a reasonable manner. When these standards are not practiced, dental malpractice may be a sufficient claim where injury is involved. The most common dental malpractice claims are due to:

  • Numbness
  • Unnecessary extractions
  • Loss of taste
  • Severe pain
  • Transmissions of infectious diseases
  • Nerve damage

Just as with medical malpractice cases, expert testimony is required and you have three years to bring a claim from the date that the injury was discovered to bring a claim. If you wait longer, you will be barred from ever bringing a claim. Because of this, it is invaluable to seek legal representation and advice if you find yourself in this situation.

Need Legal Advice?

When you have been injured due to the negligence of a dental practitioner you may be frustrated, overwhelmed, and frightened. Just remember that you have the ability to seek compensation for any pain and suffering and medical costs that you have incurred as a result of this negligence. You do not have to go through this process alone, though you may feel alone, and at Hassan, Hassan & Tuchman, PA we are here to fight for your rights and to advocate on your behalf. If you or a loved one has been injured due to the negligence of a dental practitioner, contact our office today so that we can ensure that you receive the maximum compensation based on your injuries. Contact our office today for a consultation.

Medication Errors

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Anyone who has ever gotten a prescription from a doctor knows that doctors are said to have the worst handwriting. Though this is often times considered a joke, it is a joke that can come back to haunt you. As a patient, you expect that when a doctor writes you a prescription, you are able to take it to a pharmacy, receive your medication, and hopefully your condition will improve upon taking the medication. Unfortunately, this is not always the case, and there are times in which your pharmacist or doctor makes medication errors that can fatally impact your life. When this happens and an injury occurs, you need an attorney to act on your behalf. If you or a loved one has been injured due to a medication error, it is in your best interest to seek an experienced Maryland medical malpractice attorney to review your case and help you strategize about the best possible outcomes for your case.

Medication Error is Malpractice

Throughout the United States, approximately 400,000 injuries occur annually as a result of medication errors. If it can be proven that your doctor or pharmacist acted negligently, you may have a medical malpractice claim. In Maryland, the most common types of medication errors and mistakes occur due to:

  • Being prescribed the wrong medication
  • Improper medication combinations
  • Drug name mix-ups
  • Handwriting errors
  • Allergic reaction to a specific or combined medication
  • Adverse effects of medication

If these medication errors or mistakes occurs and you can show that the doctor or pharmacist acted negligently by showing that there was a failure to act with ordinary care and skill of someone in that profession, within the same geographic region, when dealing with a prescription for a patient similar to yourself, then a medical malpractice claim is viable. When this occurs, you need someone who is going to fight on your behalf.

Need Legal Advice?

If you were injured due to being prescribed the wrong medication or taking the wrong dosage of medication, then you are likely dealing with pain and suffering, mental issues, and financial harm, and you deserve to be compensated for whatever injury you have sustained as a result of such negligence. Because of this, if you or a loved one was injured due to a medication error or mistake, it is in your best interest to see seek an experienced Maryland medical malpractice attorney to help you navigate through the medical malpractice process. Contact an experienced attorney at Hassan, Hassan & Tuchman, PA to help you determine whether you have a case and to strategize about the best possible outcomes. Contact our office today.

Failure to Diagnose and Misdiagnosis Medical Malpractice Claims

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When you go to the doctor with an ailment, you expect to be thoroughly examined, informed of your diagnoses, and then prescribed treatment so that you can be made better. What you do not expect is for a misdiagnosis or failure to diagnose to occur, resulting in further injury to you and your body. When your doctor fails to diagnose you or misdiagnoses you, the consequences of such actions can be life threatening. When this happens, if you are further injured as a result, you have the right to be compensated for your injuries. Therefore, if you or a loved one has been injured due to your doctor failing to diagnose a medical condition or misdiagnosing a medical condition, you should speak with an experienced Maryland medical malpractice attorney who can help you determine whether you have a case.

Failure to Diagnose or Misdiagnose

When you have a failure to diagnose claim, this claim occurs as result of a medical practitioner not detecting or not using the necessary tools and equipment to detect a disease even though there was a reasonable suspicion of such. If your doctor was negligent in the above and as a result, the injuries you had worsened or you sustained new injuries, then you may have a medical malpractice claim. Some of the more common misdiagnosed injuries include:

  • Infections
  • Skin cancer
  • Breast cancer
  • Colorectal cancer

The person who was responsible for the misdiagnosis or failure to diagnose will be deemed the negligent party and a claim may be made against him or her. In Maryland, once you have discovered an injury, you generally have three years to file a medical malpractice claim before you are barred from bringing an action against your medical provider. Because of this, seeking an attorney right away is most beneficial to ensure that you are compensated for your injuries.

Need Legal Advice?

Even though doctors are human, and sometimes make mistakes, we expect them to know everything. When you go to your doctor seeking medical treatment and he or she fails to diagnose your symptoms or misdiagnoses your symptoms, the harm can be that much more impactful. If an injury occurs as a result of your provider’s negligence, you have a right to be compensated for the injuries that you have sustained. If you or a loved one have sustained injuries as a result of a misdiagnosis or a failure to diagnose, contact Hassan, Hassan & Tuchman, PA so that we can evaluate your claim and help you strategize about the best possible outcomes for your case.

Back or Spinal Cord Injuries from Medical Malpractice

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Anyone who has ever hurt his or her back knows the amount of pain, injury, and suffering that can result. For some, simple medication suffices, but for others with more extreme conditions, a back injury can keep you out of work, keep you from enjoying moments with your family, and can become mentally draining. So, when your back injury occurs due to the negligence of a medical practitioner, the harm is even more damaging and you deserve to be compensated for the damages that you have incurred. If you or a loved one have sustained a back injury due to the negligence of a medical practitioner, contact an experienced Maryland medical malpractice attorney to help you determine whether you have a case.

What Should You Expect?

Back and spinal injuries are some of the worst injuries that your body can sustain. This is because your spinal cord carries nerve impulses to and from your brain to the rest of your body. These nerve impulses include different physical sensations as well as control and movement of your body. When injured, you can expect a series of health problems, high medical costs, and loss of compensation if you must be put out of work until you are healed.

Back and spinal injuries can happen at work, from slip and falls, and from vehicular accidents. Some back and spinal injuries occur as a result of medical malpractice. When these types of injuries occur, you deserve to be compensated, and an experienced medical malpractice attorney can help you with your potential case. When back or spinal injuries are due to medical malpractice, you can expect a medical malpractice attorney to thoroughly review your case, speak with any potential witnesses, examine your medical files, and speak with medical experts. Medical experts can help establish what should have been done in your situation, what other practicing medical practitioners would have done, and any permanent physical damage that has resulted from your injuries. A medical malpractice attorney will help you receive the compensation you deserve as a result of your medical practitioner’s negligence.

Need Legal Advice?

Sustaining a back injury due to the negligence of a medical practitioner can be a devastating experience. Not only are the medical costs high, but the pain and suffering, loss of work and compensation, and mental drain can also be costly. Though you may feel alone, you are not; we are here to help you fight for your rights and be fairly compensated for any injuries you have sustained due to the negligence of another. If you or a loved one have been injured due to the negligence of a medical practitioner, contact an experienced Maryland medical malpractice attorney at Hassan, Hassan & Tuchman, PA to help you strategize about the best possible outcomes for your case.

New Bill Would Hold Baltimore Physicians More Accountable for Malpractice

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According to a January 2017 report on WBAL, Senate Bill 195 would make doctors more accountable to their patients. The bill would help patients know whether their doctor is actually insured. For example, the bill would have helped a patient who underwent liposuction and a tummy tuck back in 2005. That year she wanted to look great for her son’s wedding, but the minor surgery turned into an alleged 10-hour nightmare. Her doctor allegedly kept her overnight at a surgery center. She died three days later at home. An autopsy revealed that she died from cardiac arrhythmia.

The woman’s family sued the doctor for medical malpractice, but they received nothing even though the judge ruled in their favor. Unfortunately, the doctor who performed the surgery did not have medical malpractice insurance. The doctor later made a settlement for $450,000, and then filed bankruptcy.

Senate Bill 195, if passed, would require every doctor practicing in Maryland to indicate to the state board of physicians whether or not they have insurance. The information would then be available to the public.

The woman’s family wanted the bill to go even further. They wanted all doctors to be mandated by law to have medical malpractice insurance. Another bill in the state house may make it mandatory for all doctors to have medical malpractice insurance.

What is Medical Malpractice in Baltimore?

Medical malpractice occurs when a healthcare professional provides a patient with substandard care. In Maryland, all patients are supposed to receive standard medical care. It does not have to be the best, but it must not cause additional harm. Additional harm would be if a patient sought treatment for a heart pain and the doctor amputated his or her arm instead.

Substandard care is negligent care. Negligence is the foundation for a medical malpractice lawsuit. An injured patient can receive damages, in the form of money, for the substandard care received.

Recoverable Damages in a Baltimore Medical Malpractice Claim

Damages available in a medical malpractice claim include:

  • Additional past, current, and future medical bills
  • Lost wages
  • Pain and suffering
  • Decreased earning capacity
  • Funeral and burial expenses if the patient died because of the substandard treatment

In Maryland, an injured patient can receive any economic damages caused by the medical professional’s negligence. An injured patient can also receive what is known as non-economic damages. Non-economic damages are a little harder to calculate. A lawyer cannot simply hand over a bill as proof of the damages sustained. An example of non-economic damages includes pain and suffering.

State personal injury law caps non-economic damages at $770,000. If the patient died because of the substandard care received, the non-economic damages are capped at $962,500.

Contact Hassan, Hassan & Tuchman, PA about Your Baltimore Medical Malpractice Claim

You or a loved one sought medical treatment, not addition harm. Contact us about your medical malpractice claim.

Proposed Legislation in Baltimore May Make it Easier for Doctors to Admit a Mistake Without Assuming Liability

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According to a February 2017 Baltimore Sun article, the Maryland General Assembly may approve legislation aimed at changing the medical malpractice law. It may make it easier for a healthcare professional to admit that treatment went wrong without having that statement be admissible in court.

Many supporters of the proposal argue that it would put more money in the hands of the patients because health care professionals could create treatment plans more quickly. For example, an injured patient in the report sustained an injury during a procedure because of a defective instrument. The physician quickly apologized. The hospital paid for the injured patient’s medical bills and provided a long-term compensation plan for treatment. He never filed a lawsuit.

However, opposition to the bill argue that the change to the medical malpractice would make injured patients more vulnerable. It would keep that medical malpractice out of court and away from a jury’s hands.

For instance, an injured patient would be asked to agree to the healthcare professional’s arrangement while he or she was recovering from injuries. This would not be the best time to make an important decision. The injured patient may not know his or her legal rights and agree to a settlement without understanding that he or she may give up the right to sue later.

Current Maryland malpractice law does give some protection to healthcare professionals already. They can express regret or apologize for what happened without their statements being admissible in court.

However, if they do acknowledge they did something wrong, their statement would be admissible in court.

If approved, the bill would require hospitals to create a safety and early intervention program to cover injured patients. They would have to inform the patient’s family about what happened and apologize for the medical mistake. In addition, they would have to inform the injured patient and their family about the legal right to have a lawyer during negotiations.

Medical Malpractice in Baltimore Involves a Healthcare Professional Providing Substandard Treatment

Medical malpractice occurs when a medical professional provides treatment that deviates from standard treatment. The substandard treatment causes an additional injury. The type of substandard treatment can vary from providing the wrong diagnosis to leaving a surgical instrument in a patient’s body or amputating the wrong limb.

Prove Medical Malpractice Happened with the Help of Hassan, Hassan & Tuchman, PA

Current law allows medical malpractice claims to be settled outside of court. If that happens, the injured patient gives up the right to sue in exchange for compensation to pay medical bills and other expenses.

If the case goes to court, we must prove:

  • The defendant owed a duty to you to avoid doing harm
  • The defendant breached that legal duty to you
  • You were injured because of the breach of legal duty
  • You are owed damages

Damages you will be able to obtain depend on the facts of your case and include medical bills, lost wages, and pain and suffering. Contact us today for help.

Proving Medical Negligence in Baltimore

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A Baltimore man won $3.9 million in a negligence case, according to an October 2014 report on Baltimore CBS. The man claimed he was left paralyzed from the mid-chest down because of the postoperative medical treatment he received. The 64-year-old man and his wife were awarded the damages after a weeklong jury trial.

According to the report, the man underwent successful spinal cord surgery at Saint Agnes Hospital in 2012. He claimed the neurosurgeon incorrectly restarted him on a blood pressure medication. The medication allegedly led to the man having a stroke in his spinal cord.

The defendant in the case, the neurosurgeon, argued the blood pressure medication did not lead to the stroke. Instead, he claimed it was a blood clot that led to the stroke. However, the man’s attorney counter-argued that the medical records did not support the neurosurgeon’s arguments.

The defendant and his attorneys were not available for comment at the time of the report. It is not known whether the defendant planned to appeal the verdict.

Medical Malpractice Involves Providing Substandard Care to a Patient in Baltimore

Medical malpractice is the failure on a medical professional’s part to provide standard care to a patient. Standard care does not mean top-notch medical care. It does not mean the medical professional has to be nice to the patient during treatment. Standard care means providing treatment that does not cause additional harm to the patient.

In Baltimore, every medical professional is required to provide treatment that does not cause additional harm. Additional harm is defined as another injury. For instance, if a medical professional treating a patient for a broken arm amputates the limb instead of placing it in a cast, that is an additional injury and not standard care.

A Plaintiff Must Prove That Medical Negligence Occurred

A patient is typically injured at the time he or she visits a medical professional. That is why the patient has the burden of proving medical negligence actually happened. Maryland has specific elements a patient must use as a guide when proving a malpractice case in court. The elements are:

  • The medical professional had a legal duty to provide standard care to the patient. This means the medical professional was hired to treat the patient and not merely offer advice.
  • The medical professional breached the legal duty by providing substandard care.
  • The medical professional’s breach of legal duty was the reason the injury to the patient occurred.
  • The patient is owed damages such as pain and suffering, lost wages, decreased income and medical bills.

Hassan, Hassan & Tuchman, PA are Your Baltimore Medical Malpractice Attorneys

You expected to be treated competently by a medical professional, not sustain further injury. You have the right to sue the medical professional who injured you. The at-fault party may want to settle. This means you do not have to go to court. You still need an attorney to make sure you receive a fair settlement. Whether you want to sue or settle your medical malpractice claim, contact us. We will represent you.