Can I Sue a Maryland Doctor if My Loved One Dies From Surgery? 

Losing a loved one during what should have been a routine surgical procedure is devastating. When a death occurs in the operating room or shortly after surgery, families are often left with unanswered questions about what went wrong and whether someone should be held accountable.

At The Law Offices of Peter T. Nicholl, our experienced medical malpractice lawyers in Maryland have successfully recovered millions of dollars for families who have lost loved ones due to surgical errors. Our extensive knowledge of Maryland’s complex medical malpractice laws allows us to effectively advocate for grieving families during their most difficult moments.

Call our trusted law firm today for a free review of your case. 410-244-7005

When Could a Surgery That Causes Death Be Considered Medical Malpractice?

Not every surgical death qualifies as medical malpractice under Maryland law. For a fatal surgical outcome to be considered malpractice, there are specific elements that must be present to show how the healthcare provider failed to meet acceptable standards of care.

• Deviation From Acceptable Care Standards: In a legal case, an acceptable standard would be the level of care that a competent surgeon with similar surgical and medical training would do under similar circumstances. If the actions of the surgeon or medical team failed to meet that level of care, then the case may be considered medical malpractice.
• Preventable Surgical Errors: The death resulted from mistakes such as operating on the wrong site, damaging vital organs, administering incorrect anesthesia dosages, or failing to properly monitor vital signs during surgery.
• Failure to Recognize Complications: The surgical team did not promptly identify or appropriately respond to life-threatening complications during or after the procedure.
• Inadequate Pre-Operative Assessment: The medical team failed to properly evaluate the patient’s risk factors or medical history that would have indicated the surgery was dangerous for that specific patient.
• Improper Post-Operative Care: The death occurred due to negligent monitoring or treatment during the critical recovery period following surgery.

Can I Sue the Hospital or Doctor for the Death of a Loved One During Surgery?

Yes, Maryland law allows qualifying family members to pursue legal action against doctors, surgeons, anesthesiologists, nurses, hospitals, and other healthcare providers whose negligence contributed to a fatal surgical outcome.

These claims typically involve two separate but related legal actions:

• Survival Action: Allows family members to recover compensation for the pain and suffering the deceased experienced before death
• Wrongful Death Claim: This lawsuit provides compensation for the losses suffered by the surviving family members.

It is important to understand that Maryland has specific requirements for these cases that differ from other types of personal injury claims. The healthcare provider’s conduct must have fallen below the industry’s acceptable standard of care, and this deviation must have directly caused the death. Additionally, all medical malpractice claims in Maryland must go through a specialized pre-litigation process before a lawsuit can be filed in court.

Who May Be Eligible to File a Lawsuit When Someone Dies From Surgery in Maryland?

Maryland law restricts who can file a wrongful death lawsuit following a fatal surgical error. The eligibility depends on your relationship to the deceased and follows a specific hierarchy under state law.

Primary Beneficiaries

The spouse, parents, and children of the deceased have primary rights to file a wrongful death claim in Maryland. These primary beneficiaries can recover compensation for both economic and non-economic damages resulting from the loss of their loved one.

Secondary Beneficiaries

If the deceased has no living spouse, parents, or children, then secondary beneficiaries may have the right to file a claim. This category includes siblings, cousins, nieces, nephews, and other blood or marriage relatives who were financially dependent on the deceased.

Personal Representative

For the survival action portion of the claim (which covers the deceased’s pain and suffering before death and medical expenses), only the personal representative of the deceased’s estate has the legal authority to file. This person is typically named in the will or appointed by the court.

How Long Do I Have to File a Lawsuit After a Fatal Surgery in Maryland?

In Maryland, you have a limited window to take legal action after a fatal surgical error. For medical malpractice claims involving wrongful death, you have just three years from the date of death to file a lawsuit. However, there are exceptions that might shorten or extend this period, particularly if the malpractice was not immediately discoverable.

Maryland also requires all potential medical malpractice claims to first go through the Health Care Alternative Dispute Resolution Office. This process involves filing a claim with this office and obtaining a certificate from a qualified medical expert before the case can proceed to court. This certificate must be filed within 90 days of submitting your initial claim. These procedural requirements effectively shorten the practical timeline for taking action, making it crucial to consult with an attorney as soon as possible after the death.

What Is Maryland’s Medical Review Process and How Does it Work in Surgical Death Cases?

Maryland has established a unique preliminary process for medical malpractice claims through the Health Care Alternative Dispute Resolution Office (HCADRO). This process serves as a gateway to the court system and helps screen out frivolous claims while promoting early resolution of meritorious ones.

Filing the Initial Claim

The process begins with filing a statement of claim with the HCADRO. This document formally initiates your case and identifies the healthcare providers you believe are responsible for the surgical death.

Certificate of Qualified Expert Requirement

Within 90 days of filing, you must submit a certificate from a qualified medical expert attesting that the healthcare provider’s care deviated from standards of practice and caused the death. This expert must spend no more than 25 percent  of their professional time as an expert witness and must be board-certified in the relevant specialty.

Arbitration Options

After filing the certificate, parties have options to waive arbitration and proceed to court or participate in the arbitration process. Most claimants choose to waive arbitration after meeting the certificate requirement, but the HCADRO process is still a mandatory first step that must be completed correctly.

For grieving families, this process can seem overwhelming, which is why having an attorney who specializes in Maryland medical malpractice is essential. Your attorney will handle these procedural requirements while you focus on healing from your loss.

What Evidence Do I Need to Establish Medical Negligence Led to Death During Surgery?

Building a strong medical malpractice case following a surgical death requires specific types of evidence that demonstrates the healthcare provider’s negligence caused your loved one’s death.

• Medical records: Complete documentation of pre-operative evaluations, surgical notes, anesthesia records, post-operative care, and all other relevant medical information that shows what occurred before, during, and after the surgery.
• Certificate of qualified expert: Maryland law requires testimony from a medical expert who practices in the same or similar field as the defendant, certifying that the care provided deviated from accepted standards and caused the death.
• Autopsy reports: When available, these reports can provide critical evidence about the actual cause of death and whether it was related to surgical errors.
• Witness testimony: Statements from other healthcare providers who were present during the surgery or subsequent care and can testify about deviations from standard protocols.
• Hospital policies and procedures: Documentation showing established protocols that were not followed during your loved one’s care.
• Medical literature: Peer-reviewed studies and established guidelines that define the appropriate standard of care for the specific procedure.

How Much Compensation Can I Recover for the Loss of a Loved One Due to a Fatal Surgical Error in Maryland?

Compensation in Maryland surgical death cases varies significantly based on the specific circumstances of each case. Factors that can increase the value include the deceased’s age and health before surgery, their income and financial contributions to the family, the egregiousness of the medical negligence, and the extent of suffering before death.

Families of surgical error victims may be eligible to recover several types of compensation:

• Medical expenses: All costs related to the surgical procedure and any subsequent treatments attempted to save your loved one’s life.
• Funeral and burial expenses: The reasonable costs associated with laying your loved one to rest.
• Lost financial support: The income and benefits the deceased would have provided to the family over their expected lifetime.
• Loss of companionship: Compensation for the loss of the deceased’s love, companionship, comfort, guidance, and counsel.
• Mental anguish and emotional suffering: Damages for the psychological impact of suddenly losing a family member.
• Pain and suffering of the deceased: Compensation for the conscious pain and suffering experienced by the victim before death (as part of the survival action).

In Maryland, punitive damages are rarely awarded in medical malpractice cases and require proof of actual malice – a standard that demands evidence the healthcare provider deliberately intended to harm the patient or acted with complete disregard for their safety.

How Our Attorneys Can Help After a Fatal Surgical Error

The aftermath of losing a loved one to a surgical error is an overwhelming time filled with grief, confusion, and questions. The Law Offices of Peter T. Nicholl has the experience and resources to thoroughly investigate what happened during the surgery, identify responsible parties, and hold them accountable for their negligence.

Our attorneys handle every aspect of your case with compassion and dedication, from navigating the medical review process to building a compelling case supported by expert testimony. We advance all costs of litigation and only receive payment when we secure compensation for your family.

Why You Should Not Wait to Contact a Medical Malpractice Attorney

Waiting to seek legal advice after a surgical death can jeopardize your case. Critical evidence may be lost or altered, witnesses’ memories may fade, and you risk missing important filing deadlines that could permanently bar your claim. Maryland’s complex procedural requirements and strict statute of limitations demand prompt action to protect your legal rights.

Contact The Law Offices of Peter T. Nicholl today for a free consultation to discuss your legal options and begin the process of seeking justice for your loved one.

Experienced Lawyers. No Upfront Costs or Fees. 410-244-7005