In Maryland, if you went for correction of a deviated septum (the cartilage and bone separating the inside of your nose was crooked) but instead of improving your breathing and your appearance, your nose came out lopsided and you sound like you had a cold all the time when you spoke, clearly, the surgery was not a success. Can you sue for medical malpractice?
When patients do not get the desired outcome after a medical procedure, or patients end up with a worse outcome than expected, they automatically think that they have a case for medical malpractice. This is not always true.
You may have a viable medical malpractice case when you can prove medical negligence occurred and the medical negligence was committed by your medical practitioner. There is medical negligence when the doctor failed to comply with the accepted medical standards of care.
You must seek an expert’s opinion regarding the standard of care. The standard of care consists of the duties that the medical profession requires of your practitioner. The standard of care dictates what doctors should and should not do according to their profession’s rules, and according to their hospital’s rules. There are accepted protocols (manners of carrying out medical care) for doctors to observe.
You must show that the doctor failed to adhere to the standards, or the doctor deviated from those standards. For example, a doctor left a surgical instrument inside the body of a patient after closing the incision, this is a deviation from the standards of the profession because the doctor should inspect the wound before closing it up and the nurse assisting the surgery had a duty to count all the instruments to make sure they are all there.
You must show that the doctor’s deviation from the standard of care, his acts, omissions, or failure to act was the direct cause of the injury to you. It could be that the worse outcome from a medical procedure was a consequence of the disease or condition process. You must show some resulting impairment or injury directly attributable to the negligent act.
Lastly, you must show that you suffered either emotionally or psychologically because of the injury you sustained. You must show that you incurred additional expenses to correct the doctor’s mistake, or that the resulting injury impaired your quality of life or your capacity to earn a living.
How the Law Offices of Nicholas J Del Pizzo can help
At the Law Offices of Nicholas J Del Pizzo we know the challenges we face in a medical malpractice case. Getting the facts involves securing the help of a peer doctor who can verify the lack of care for our client. A physician’s insight gives your case credibility and puts the opposing side of notice. It’s time to get the facts of your medical malpractice case and get you the help you deserve. Contact the law office today so we can get started on your medical malpractice case in Maryland.