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What are the medical malpractice negligence elements in Maryland?

Written by
June 17th, 2016

The medical malpractice refers to negligence by the hospital and/or its staff, whose actions led to the physical, emotional and monetary damage to a person (patient) under care. This includes nurses, physicians, and all other healthcare professionals. According to the statistics, the medical malpractice in nurses has increased in the past few years. In this article, you will learn about the medical malpractice negligence elements in Maryland.

How a malpractice case begins

A malpractice claim starts with a chart review to find out if deviation from the standard of care ever occurred. Any deviations will be in a signed affidavit given by an expert. The specialist qualification addressed by the Daubert Standard includes being current and active in the same area for 3-5 years before the incident. If you or a loved one were the victims of medical malpractice, you should contact a malpractice injury attorney from Annapolis, because you could be entitled to medical malpractice compensation in Maryland.

The four elements of malpractice

These are the four elements of medical malpractice that you must prove in a medical malpractice claim in MD:

  1. Duty
  2. Breach of duty
  3. Cause
  4. Damage

All the burden of proof is on the plaintiff. If any of these four elements is not proven, then the malpractice will not be proven. That is why you should contact a medical malpractice lawyer from Maryland. With their experience, you will be able to satisfy all these elements and receive medical malpractice compensation in Maryland.


Duty refers to the obligation of care a doctor/nurse/physician owes to a patient before their competency in performing their duty can be judged. Commonly, a person has no obligation to assist injured individuals if they have no special relationship (such as attorney-client, doctor-patient, guardian-ward, etc.) But once the doctor voluntarily decides to come to the aid of someone and assist them, they become liable for any injuries that result from their negligence during their assistance.

Breach of duty

Breach of duty is when a responsible party breaches the duty owed to a patient. If, a doctor/nurse fails to provide the patient a safe environment. For example, the omission to put the bed down can be considered breach of duty.


It is required the existence of a direct cause and effect relation. In other words, you need to prove that your injury was directly caused by the medical staff's negligence. Most of the time, this is the most difficult to prove. A malpractice injury attorney from Annapolis comes in hand and helps you with this negligence element.


Damage is usually the result or the breach. A patient falls out of their bed and breaks their arm (resulting damage). If a patient falls but does not suffer any injury, no damage has occurred. This may be considered inadequate patient care, but this event does not satisfy the damages element, and the medical malpractice claim in MD will be denied.

Contact a professional

If you or someone you know have been the victim of medical malpractice, contact the best medical malpractice lawyer in Maryland at (443) 569-3950 or at the email:

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