Do you believe that you have been harmed by a negligent medical professional? If so, you likely have grounds for a medical malpractice claim against the liable party. While the process can be complicated, working with a medical malpractice attorney in Baltimore will increase your chances of getting your demands met. The first step is to understand what qualifies as medical malpractice.
What Is Medical Malpractice?
The term “medical malpractice” refers to a situation in which a doctor makes a mistake that causes harm to his or her patient. While that definition is easy enough to understand, there are certain conditions that need to be met for the mistake to legally qualify as malpractice. To justify your medical malpractice claim, your attorney needs to demonstrate that:
1. You Had a Patient-Physician Relationship With the Doctor
You can only sue for malpractice if the doctor who harmed you was providing treatment in a medical context. For example, if your PCP prescribed the wrong medication, you could claim malpractice after showing that he or she was your primary doctor. The same goes for a specialist referred to you by your PCP or a doctor assigned to you in the ER. You must prove a patient-physician relationship.
An example of a situation in which you could not sue for malpractice would be if your aunt was a doctor and she gave you bad advice over a family meal. Since there was no doctor-patient relationship between the two of you, you could not press charges.
2. The Doctor Did Not Treat You According to the Standard of Care
The term “standard of care” is a phrase that often comes up in medical malpractice cases. It refers to the basic level of treatment a doctor must provide for a patient, and it varies according to the patient’s condition. In order to win a court case involving medical malpractice, another medical professional usually has to testify that the standard of care was not met.
A doctor who is treating you must act with a basic level of competence and attention at all times. If a doctor operates on the wrong part of the body, fails to do a routine follow-up with a patient after a procedure, or discharges a patient prematurely, any harm that results could qualify as medical malpractice.
3. The Doctor’s Mistake Caused an Injury or a Harmful Condition
Sometimes, doctors get lucky when they make mistakes. Not every error is harmful to the patient. To win a malpractice case, your lawyer must show that your doctor’s incompetence harmed you or allowed a dangerous health condition to persist untreated.
4. The Injury Caused You Harm
Intuitively, you might think that an injury is evidence of harm by definition. However, to file a medical malpractice claim successfully, you must demonstrate specifically what form that harm took. You could show that the injury:
- Caused you physical pain
- Made you take time off work
- Effected your future ability to earn income
- Required additional medical treatments to correct
What Are the Different Types of Medical Malpractice
Medical malpractice can take many forms. The Medical Malpractice Center reports that every year, between 15,000 and 19,000 individuals file lawsuits against their doctors. While not exhaustive, this list covers some of the most common types of malpractice:
- Errors in the ER
- Medication that is wrongly prescribed
- Oversights in prescribing medication
- Failing to treat an injury or condition in time
- Demonstrating incompetence when handling surgical instruments
- Birthing injury
- Hospital infections
What Should You Do If You Experienced Medical Malpractice?
If you feel that you have been the victim of medical malpractice, there are several steps you should take to get the care you need and begin the claim process. First, you should see a new doctor who can confirm the error and help you recover. Next, you should speak with an attorney who can guide you through the legal complexities that are involved in this type of claim. When you are reviewing malpractice attorneys in Maryland, look for someone who has ample experience.
How Can a Medical Malpractice Attorney in Baltimore Help?
The right attorney will do much more than represent you if your case goes to trial. They will help you build your case with ample evidence, meet legal deadlines, and document important information in the correct way. Outside the courtroom, they can try to negotiate a settlement to get your money faster than if you went to trial. If you do take things to court, your attorney will provide legal professionalism and intricate knowledge of protocols.
Understanding Medical Malpractice
Medical malpractice is an intricate area of the law, and understanding the basics is important when you intend to file a claim. You will need to show that there was a patient-physician relationship, that there was an error, and that the error caused you harm in a way that negatively impacted your life. Working with a medical malpractice lawyer can help you build evidence to support each of those points.