Alpert Schreyer Personal Injury Lawyers | March 7, 2025 | Medical Malpractice
Personal injury cases – including medical malpractice cases – ultimately boil down to how much money a person can receive after they were injured by someone else’s negligence. If you’ve suffered significantly from the accident, you should not hesitate to take legal action. The same might not be true if lower monetary values are involved in your case.
Determining whether a case involving minor damages is worth pursuing depends on your preferences and specific circumstances. A thorough analysis by an attorney for medical malpractice may help you decide whether your particular case is worth pursuing.
What Damages Can I Recover in a Medical Malpractice Case?
Victims of medical malpractice can recover compensatory damages, which are intended to compensate them for their economic and non-economic losses.
Maryland law allows these victims to recover compensation for:
- The total amount of past medical expenses paid by or on behalf of the victim
- The total amount of past medical expenses incurred but not yet paid that the victim is obligated to pay
- Lost wages and reduced earning capacity
- Pain and suffering
Maryland also imposes various types of damage caps and limitations. For example, it limits awards for non-economic damages, which covers losses such as pain and suffering, emotional distress, and mental anguish, to about $950,000. This amount is adjusted each year for inflation.
Additionally, Maryland law does not allow claimants to recover punitive damages against a government defendant, so some hospitals would be immune to paying these additional damages, which are intended to punish a wrongdoer for malicious conduct.
Reasons to Consider Pursuing a Small Damage Case
Some reasons you might consider pursuing a small damage case include:
Your Damages Might Be Worth More Than You Think
Personal injury victims tend to underestimate the value of their claim. They might consider the medical bills they have stemming from the incident, but they may not account for future medical expenses, reduced earning capacity, or future loss of enjoyment damages.
You Can Hold the Negligent Party Accountable
Another reason to pursue a case of this nature is to hold the negligent party accountable for the harm they caused. Physicians who pay money in settlement have that information reported in a national data bank, which others may be able to access.
Taking Legal Action May Help Prevent Further Injuries
By taking legal action, you may be able to prevent others from being injured similarly.
Reasons to Consider Not Pursuing a Small Damage Case
Some reasons these cases might not be worth pursuing include:
Medical Malpractice Cases Are Expensive
Maryland law requires most medical malpractice victims to file a certificate from a qualified expert stating that the healthcare provider was negligent or breached the standard of care. Hiring a medical expert alone can be expensive, so filing a medical malpractice lawsuit may not be economically feasible.
You Contributed to Your Injuries
Maryland uses a contributory negligence rule, so if you contributed to your injuries in any way, you can be barred from recovering any compensation.
An Attorney Might Not Take Your Case
Medical malpractice lawyers generally work on a contingency fee basis. If they don’t win, they don’t get paid. Their pay is a percentage of the award they recover. If this number is not significant enough to justify the legal costs of pursuing the case, a lawyer may be unwilling to take on the case.
If you have been injured because of someone else’s negligence, an experienced attorney can review your case and explain your legal options. A lawyer can tell you if you have a case worth pursuing.
The experienced medical malpractice lawyers at Alpert Schreyer Personal Injury Lawyers explain small damage cases and whether they are worth pursuing.
Contact the Medical Malpractice Lawyers at Alpert Schreyer Personal Injury Lawyers in Maryland for Help Today
For more information, please contact Alpert Schreyer Personal Injury Lawyers to schedule a confidential consultation with a Medical Malpractice lawyer. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Charles County, Prince George County its surrounding areas. Visit our law offices at:
Alpert Schreyer Personal Injury Lawyers Waldorf
8 Post Office Rd Waldorf, MD 20602
(301) 932-9997
Available 24/7
Alpert Schreyer Personal Injury Lawyers Lanham
4600 Forbes Blvd Ste #200 Lanham, MD 20706
(301) 936-0011
Available 24/7