Medical malpractice occurs when a healthcare entity, like a doctor, nurse, hospital, or another professional, provides care that falls below the accepted standard, causing harm to the patient.
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Medical malpractice occurs when a healthcare entity, like a doctor, nurse, hospital, or another professional, provides care that falls below the accepted standard, causing harm to the patient. While all medical procedures come with risks, there's a crucial difference between expected complications and those arising from a medical professional's negligence. Malpractice lawyers in Baltimore, MD can help you discover whether your case qualifies.
Every medical professional has a legal duty to provide a specific level of care, known as the "standard of care". This standard involves generally accepted practices and procedures within their area of medicine. Think of it as what a reasonably competent medical professional would do under the same circumstances.
For malpractice to occur, the healthcare provider must have deviated from the standard of care. This could be an act of commission (doing something wrong) or an act of omission (failing to do something necessary). Examples include misdiagnosis, surgical errors, prescription mistakes, or not ordering necessary tests.
It's not enough that there was a deviation from standard care – that deviation must have directly caused an injury to the patient. Proving your doctor made a mistake doesn't automatically constitute malpractice if it didn't cause you harm.
The injury must have resulted in quantifiable damages. This includes causing additional medical bills, lost wages, pain and suffering, disability, or even the wrongful death of a patient.
Sometimes the signs of malpractice are obvious, like a surgeon leaving an instrument inside a patient. Often, it's trickier. Here are situations that deserve further investigation:
Treatment meant to improve your health drastically worsens your condition or leads to a new ailment You were not fully informed of the risks, benefits, and alternatives to a procedure before consenting to it.
Getting a second or third opinion reveals a stark contrast in diagnosis or treatment recommendations.
Sometimes, patients have a deep, uneasy feeling that something went wrong with their care, even if they can't pinpoint it. Don't discount this instinct. If nothing else, it's a sign you should get a second opinion
Obtain copies of all medical records related to the care in question and consult with a medical malpractice attorney who can review your records and offer a professional opinion about whether there's enough evidence to pursue a claim. Remember that lawsuits must be filed within a set time period, so don't wait too long to seek legal advice. For more information, click here.
Remember: Not every bad medical outcome is malpractice. Medicine is complex, and complications can occur even with excellent care. However, if you believe something beyond a mere complication happened, seeking professional legal guidance can offer answers and help you understand if you ought to bring a claim.
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