The basics of medical malpractice – personal injury attorney MarylandWritten by ruxandra
Medical malpractice may occur when a patient get injured by a doctor (or any other medical professional) after failing to perform their medical duties. The medical malpractice in Maryland can be the result of multiple faults, including medication errors, surgical errors and others. With the help of your medical malpractice injury attorney from Maryland you can file a claim, prove the medical’s negligence and receive compensation.
Basic requirements for a claim
According to the medical malpractice law, in order to file a claim, your personal injury lawyer from Maryland has to firstly analyze your case and determine if the medical was negligent towards you or your loved one. To prove the medical malpractice actually occurred, they will check the following:
- The existence of a doctor-patient relationship
- The medical was negligent
- An injury resulted due to the negligence
The existence of doctor-patient relationship. Your lawyer mush show that it was the doctor’s duty to treat you. If the doctor agreed to be hired then the relationship existed. But you cannot sue a doctor that you, for example, heard giving medical advice at a Christmas party. If the doctor agreed to see you and began treating you, then it will be easy to prove the existence of this relationship.
The medical was negligent. A lot of people are unhappy with the treatment results and try to blame the doctor for it. The results of a treatment can be considered the doctor’s responsibility, but they cannot be held liable if the results are not as you expected. For example, if you’ve had a deep wound, went to the doctor to get it treated and, afterwards, were left with a scar. The doctor cannot be held responsible for the results of how the injury healed.
The injury resulted from negligence. Because most malpractice cases involve individuals that were already injured or sick, the question whether the doctor was negligent or not arises. For example, if a patient dies of prostate cancer due to incorrect treatment, even if the doctor was negligent, it may be difficult to prove the medical malpractice medication errors that led to the death of the patient in Maryland.
Specific damages resulted from the injury. Even if the medical’s negligence is clear, the patient cannot sue if they didn’t suffer any kind of harm, such as the following:
- Physical pain
- Additional medical bills
- Mental anguish
- Time missed from work
- Permanent disability
- Lost earning capacity
Common medical malpractice types
There are many situations that may lead to a malpractice injury claim. There are even cases where a medical forgot a sponge or other medical tool inside the patient’s stomach during an operation or because a medical prescribed a drug that cased a patient heart failure. There are three main categories in which the malpractice claim can fall into:
- Failure to diagnose
- Improper treatment
- Failure to warn of known risks
For a free consultation of your case and more information about this type of claim you should contact the best medical malpractice injury lawyer in Maryland at (443) 569-3950 or by email at [email protected]