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How To Prove Medical Malpractice in Maryland

Written by
June 17th, 2016

Proving medical malpractice in Maryland or anywhere else is rather difficult, even though, according to the Journal of Patient Safety, medical error is the third-leading cause of death in the USA, after cancer and heart disease. Too many people suffer injuries or even death at the hands of the people that were supposed to cure them. Unfortunately, proving malpractice is hard because you need a fellow doctor to testify against their peer and, usually, doctors tend to stick together. Of course, if the evidence is clear, no doctor will risk giving false testimony. It is not impossible to prove medical malpractice, but, in case you or a loved one have been the victim of a medical error, there are a couple of facts you need to know.

How To Prove The Legal Duty

In a medical malpractice lawsuit in MD, or anywhere else for that matter, the first thing that needs to be established is the defendant's legal duty to provide you with medical care. In other words, you need to demonstrate that there was a doctor-patient relation between you and the defendant at the time of your injury because the existence of that relation automatically implies the legal duty.

How To Prove Breach Of Duty

The next logical step, after you have confirmed that the defendant was legally obliged to care for you, is to determine how exactly they have been negligent. Otherwise called breach of duty, this concept refers to the fact that your doctor has failed to provide the standard of care, thus becoming negligent. The doctor's liability for medical negligence depends on several factors, such as methodology in your case and the testimony of a fellow medical expert. This is where a case can become difficult because while some injuries are very easy to prove, such as surgical tools forgotten inside a patient, others are more complex. Nevertheless, with the help of a top personal injury lawyer in Annapolis, the law can still be on your side, and you can still prove the doctor's fault.

How To Prove The Link Between Negligence And Your Injury

Another thing to take into consideration when dealing with a medical malpractice lawsuit in Annapolis is the connection between your injury and the doctor's negligence. We know you think it should be enough to prove medical malpractice, but, according to the personal injury law in Maryland, you should also be able to demonstrate that your injury is the direct consequence of negligence. In other words, if you think that your injury would have occurred regardless of the doctor's actions, it can be tough to win such a case.

Proving the Damage

Last, but not least, you will need to demonstrate the damage that resulted from your injury, whether we are talking about physical damage, emotional or financial one. In many cases, the damage is obvious, but there are also the situations when the injury takes months to emerge fully, and these cases can be very complex. What you need is a medical malpractice lawyer in Maryland that has dealt with various cases of medical negligence and knows how to approach the matter so that you can get justice.

Nobody should suffer at the hand of the people that have taken the Hippocrates oath, but, sadly, it happens very often. If you believe that you have been the victim of medical malpractice, contact us. Our top personal injury lawyers in Annapolis have dealt with many cases of medical negligence, and they are committed to helping people like you receive compensation for their injuries. It is time to fight for your right and prevent other people from suffering at the hands of the same negligent doctor. Call us at (443) 569-3950 or email us ( and you will receive our free consultation regarding your situation.

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