Medical malpractice lawsuits in Maryland are based on negligence. They are designed to hold doctors and other medical professionals liable for causing harm due to their negligent actions.
There are many types of situations that could constitute medical malpractice. Some common examples include misdiagnosing someone, failing to prescribe the proper medication, leaving an object inside a patient’s body or even operating on the wrong part of the body.
Other forms of medical malpractice include failing to obtain informed consent, failing to properly treat an infection or errors with anesthesia.
Elements of a medical malpractice claim
Succeeding in a medical malpractice claim requires proving four elements:
- Duty
- Breach
- Causation
- Damages
You must show that the doctor or medical provider had a duty of care owed to you and they breached that duty by providing services that fell below the expected standard of care of medical professionals.
One factor that makes medical malpractice cases so complicated is that the standard of care usually varies depending on the situation. For example, the standard of care is likely different in an emergency room setting versus a situation involving several private consultations and testing with a doctor.
Proving causation requires showing that the breach of duty resulted in your injury. Finally, you must prove the damages you suffered because of the injury. Damages can be physical, mental or financial, including compensation for lost wages, pain and suffering or emotional distress.
What is usually not medical malpractice
Being unhappy with how a procedure or treatment turned out does usually not equal medical malpractice.
Likewise, complications or negative side effects are not considered medical malpractice. Complications are always a possibility with any medical procedure.
Sometimes your condition may continue to worsen even while you are being treated or you might develop a condition or health problem that is untreatable. This is also likely not medical malpractice.
Additionally, even when negligence occurred, this does not necessarily mean you have a medical malpractice case. Remember that the final element of a medical malpractice claim is proving damages or injury.
You may have direct evidence that your doctor or medical professional committed negligence, but if their negligence did not cause you any harm or injury, you may not succeed in a medical malpractice claim because you will not be able to prove damages.
Understanding your situation
It can be tempting to assume medical malpractice has occurred after any type of negative experience with a doctor or medical provider. But remember that medical science is complex and medical providers cannot treat everything, eliminate all risks involved with a treatment or procedure or promise a perfect outcome.
If you are still unsure of what happened to you is medical malpractice, it is best to discuss the situation with a professional before deciding whether to move forward with a medical malpractice claim.
Just as every patient is unique, so is every situation. The specific facts of your case can determine if you have grounds to pursue a medical malpractice claim and if so, your chance of a successful outcome.