When visiting a doctor, you expect to receive adequate care consistent with professional medical standards.
What happens when a doctor or other medical professional fails to deliver in accordance with accepted professional standards, resulting in injury or even death to a patient?
For those who fall victim to a medical professional’s negligence, Maryland law allows for a medical malpractice claim to recover damages for injuries caused by professional negligence.
To prevail in a medical malpractice claim, a patient must prove four elements:
- The doctor or other medical professional owed a duty to the patient, which is most often established by showing the existence of a doctor/patient relationship;
- The doctor or other medical professional deviated from the standard of care a reasonable medical practitioner would exercise under similar circumstances;
- The deviation from the standard of care caused the patient’s injuries; and
- The patient suffered injuries.
The fact that medical treatment was unsuccessful does not mean the practitioner committed malpractice.
Rather, to recover for medical malpractice, a plaintiff must prove the practitioner acted in a manner inconsistent with how a reasonable practitioner would act under similar circumstances.
If you or a loved one may be a victim of medical malpractice, it is important to consult an experienced attorney. There are often strict time limits on when you can bring a medical malpractice action, so you should consult with an attorney as soon as reasonably possible after the injury.