When a person seeks medical treatment in Maryland, they have the right to expect aboveboard care and not be injured, suffer unexpected illnesses, or lose their lives due to a medical mistake. However, medical errors are unfortunately common. This can come in many forms including a misdiagnosis, a medication error, wrong site surgery, anesthesia errors, birth injuries, and more.
Since medical malpractice can do so much damage, those who were negatively impacted must know how to gather evidence for what occurred so they can hold doctors, hospitals, and medical professionals accountable. One of the first steps is to know how to prove medical malpractice. This starts with knowing what it entails and what evidence is needed to support the claim.
Medical malpractice and the importance of evidence
A doctor is duty bound to provide care to the patient. If they provide that care and make a mistake due to negligence, the patient and their family can file a legal claim for compensation. An example of negligence would be a doctor who sees symptoms through examination and testing that indicate a medical issue, does not recognize it, or diagnoses it as something else. If this leads to the patient suffering harm, then this could warrant a medical malpractice claim.
Proving the doctor misdiagnosed the patient could involve medical studies, other doctors looking at the case and testifying that the negligence is clear and other treatments should have been given. A doctor who does not adhere to the basic practices other doctors would have in the same situation might have committed medical malpractice.
There are times when the doctor gives the wrong treatment. If this causes injury or illness the person would not otherwise have had in addition to failing to treat the real problem, this too could be evidence of medical malpractice.
Causation is key to this type of claim. The plaintiff also needs to show that the doctor’s negligence or failure to act led to the negative outcome. A patient who becomes ill or loses their life because of a misdiagnosis must have evidence that there would have been a different result with the correct action. To prove negligence, there needs to be evidence that the result could have been avoided.
What evidence can be used to show medical malpractice occurred?
The medical records are crucial to show what the original treating medical professionals did and did not do. It can be a roadmap. The record will say what the doctor saw, what the diagnosis was, and what medical care – if any – was given. In the aftermath, other doctors who are asked to testify can see what happened and what could have been done differently.
Experts are necessary for a medical malpractice claim. They will analyze the case and testify as to what should have been done in terms of testing, care and treatment. This is essential to proving the initial misstep. Other witnesses can provide information. That could be medical professionals who work in the same office or facility with the doctor who made the mistake. A nurse who was present during the examination or while care was being given can be a key witness.
Be fully prepared to file a medical malpractice claim
When filing a claim, the plaintiff needs to show that the doctor deviated from the norm, and it harmed them. That could mean they failed to do more extensive testing when it could have shown that the person was suffering from a specific illness and treatment would have been provided sooner with the possibility of a better outcome.
Regardless of the circumstances, any legal case hinges on the evidence. That is particularly true with medical malpractice claims that require a deep and comprehensive assessment from experts to show what errors were made. Those who have been harmed must be cognizant of all aspects of a case and what steps are necessary. Discussing the case with caring and experienced people who are well-versed in Maryland law is an important first step.