4 Defining Points Of Medical Malpractice In Maryland
When you visit a doctor or hospital, you trust that medical professionals will provide competent and appropriate care. Unfortunately, medical errors happen, and when they result in harm, victims may have a legal right to compensation through a medical malpractice claim.
That said, not every negative medical outcome qualifies as malpractice. If you or someone you care about was harmed in a healthcare setting, have a conversation with a Baltimore personal injury lawyer. Legal experts are available to compassionately listen to the details of your situation and determine whether you have a case.
Key Components of a Claim
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide adequate care, resulting in harm to a patient. Under Maryland law, a successful malpractice claim must prove the following four elements.
#1 Duty of care. A medical malpractice case begins with establishing that a doctor-patient relationship existed. This means the healthcare provider had a legal duty to provide treatment following accepted medical standards.
#2 Breach of the standard of care. Healthcare providers are expected to follow the standard of care, which refers to the level of skill and treatment that a similarly trained professional would provide in the same circumstances.
A breach occurs when a medical provider fails to act as a reasonably competent professional would. Examples of breaches include:
- Misdiagnosing or failing to diagnose a condition
- Performing surgical errors
- Prescribing incorrect medications or dosages
- Failing to obtain informed consent
- Delayed treatment resulting in harm
#3. Causation. It is not enough to prove that a doctor made a mistake, you must also show that their negligence directly caused harm. If a patient’s condition worsened due to natural progression rather than medical error, a malpractice claim may not be valid. Establishing causation often requires expert medical testimony.
#4 Damages. For a malpractice claim to succeed, the patient must have suffered significant harm due to the provider’s negligence. This can include physical injuries, emotional distress and financial losses.
Maryland has strict statutes of limitations for medical malpractice claims. Generally, a lawsuit must be filed within five years from the date of the malpractice or three years from the date the injury was discovered, whichever is earlier. Delaying legal action can result in losing the right to compensation.
How a Maryland Attorney Can Help
Healthcare cases have a lot of moving parts. They require strong evidence, expert witnesses, and legal experience. As soon as you share your story with a skilled Baltimore personal injury lawyer, they can evaluate your case to determine if there is a possibility of a malpractice claim moving forward. If so, they will gather evidence, handle negotiations with insurance companies, and take the case to trial, if necessary.
Could a legal professional provide you with the expertise you need to access a full and fair settlement? You may be entitled to compensation for your suffering and financial losses after being harmed by medical negligence. Contact the legal team at Iamele & Iamele, LLP to explore next steps. Contact us to book your confidential appointment.
