We’ve all heard stories of dentists pulling out the wrong tooth or surgeons leaving behind medical instruments after a surgical procedure. Not all adverse medical outcomes can be the basis of a medical malpractice suit. Doctors are not always responsible for all injuries suffered by their patients.
Medical malpractice is medical negligence. Medical professionals are liable for harm caused to their patients when the care they provide falls below the standard of care for their profession. However, the standard of care is not a one-size-fits-all. The term “standard of care” refers to procedures generally accepted by medical professionals in the state of Maryland. It varies depending on the age of the patient and setting in which care was provided.
The different types of breaches of the standard of care include:
- Misdiagnosis or failing to diagnose a condition
- Failing to provide proper treatmen
- Prescribing the wrong medication or a wrong dosage
- Failing to inform the patient of the risks of treatment before administering the treatment.
When filing a suit for medical malpractice, you will need evidence of medical procedures. These procedures must be proved to be the standards accepted by the Maryland medical community. Necessarily, you must present expert witnesses who can explain when and where the doctor breached the protocol.
You must also prove that the breach was the cause for the injury, that the injury could not have been caused by a pre-existing condition in the patient or by the patient’s non-compliance with the treatment. You must also present evidence of the extent of the injuries sustained by the patient.
Medical information is complex and detailed. If you are thinking of self-litigating, you may get overwhelmed. You will need the assistance of a lawyer, preferably, one who has had experience and expertise in litigating medical malpractice.