Can You Sue For Medical Malpractice In The ER In Maryland?

Written by ruxandra

Medical emergencies happen every day and, because of their nature, there are some special rules that apply. However, if you have been the victim of medical malpractice in the ER in Maryland, you can get in touch with a personal injury lawyer from Maryland and try to recover damages. You have to keep in mind, though, that the state laws protect “first responders” from most lawsuits. These are the people that are part of the ambulance crew, are medical emergency technicians or firefighters. However, this protection doesn’t actually extend to medical personnel in the ER.

First responders law in MD

This law was created to protect the people that deal with an emergency and try to get the injured person to the hospital. They are liable only if they do something totally reckless or cause injury intentionally. Besides the ambulance crew, medical emergency technicians or firefighters, an individual may also intervene in the case of an emergency to try and rescue the injured person – this is known as “the good Samaritan rule”. It means that a person who is witness to an accident can intervene to try and save somebody involved in the accident, but they aren’t obliged to do so. However, if they choose to act, their help must not be reckless or endanger the hurt person in any way.

If you ask any Annapolis injury attorney, they will tell you that, in the case of most medical emergencies that results in a malpractice lawsuit, plaintiffs argue either that a competent doctor wouldn’t have made the same mistakes under the same circumstances or that the medical personnel in the ER refused to treat the patient. You should know that any hospital that receives Medicare funding cannot turn anybody away. They have the legal obligation to provide a medical consult and screening to the injured person and try to stabilize the person. So even if they transfer an individual to another ER instead of refusing to treat them, they are still liable for medical malpractice. However, in this situation, the doctor is never liable – only the hospital.

Personal injury lawyer from Maryland

As opposed to many usual malpractice cases, medical malpractice in the ER mostly concerns the hospital and not the doctors. Even if a doctor in the ER made a mistake, the hospital is responsible for it. To find out more about medical malpractice in the ER, get in touch with an Annapolis injury attorney. Contact the best Annapolis injury lawyer at (443) 569-3950 or by email at [email protected]. We offer a free initial assessment of your case so that you can understand the particularities of your situation.

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