Getting into a serious accident and undergoing massive surgery or giving
birth to a child with birth defects are traumatic experiences. What happens
when a bad situation is compounded by a medical professional who leaves
you paralyzed or contributes to your child having birth defects? The above
scenarios, along with a number of other situations, mean you may have
a valid cause of action for a medical malpractice lawsuit in Maryland.
Medical Negligence in Maryland
Proving that a medical professional was negligent is key to winning a medical
malpractice claim. In this scenario, proving negligence is far more complicated
than your average personal injury lawsuit. Doctors are not expected to
act flawlessly under the eyes of the law, so what you perceive as gross
medical negligence may not be defined as such under the applicable law.
There is no exact science, but one of the main elements in a medical malpractice
case is the standard of care.
Standard of Care
In order to prove a medical malpractice claim in Maryland, you must show
that the medical professional breached what is known as the standard of
care. “Standard of care” is a legal term that defines what
constitutes medical negligence. If a judge or jury decides that a medical
provider has breached the standard of care, his or her actions can be
Defining standard of care can be tricky and that is why retaining an
attorney who specializes in medical malpractice is important. Answers to questions like what is the medical condition,
the patient’s age, overall health history, and the medical provider’s
specialty come into play here. The point is, two patients with identical
medical conditions will require a different standard of care based on
their age and prior medical history.
Proving the Standard of Care
As mentioned above, determining what the appropriate standard of care is
for a patient can be a grey area of sorts. The use of expert testimony
is key here as you need to find a doctor who has similar training and
experience as the defendant. In order to prove that the medical provider
breached the standard of care, the expert should be a renowned medical
specialist who can show what the standard of care should be, how the provider
breached that duty, in what way said breach impacted the patient’s
health, and the extent of the injuries.
Statute of Limitations
As with other legal actions within the state, there is a statute of limitations
within which you can file a medical malpractice claim.
Maryland Courts & Judicial Proceedings Code section 5-109 says that a medical malpractice lawsuit must be filed within five years
from the time the injury was committed or three years from the date the
injury was discovered, whichever comes first.
Contact a Maryland Medical Malpractice Attorney
A potential claim for negligence and breach of care by a medical professional
requires the expertise of a knowledgeable Maryland medical malpractice
attorney. While claims can be hard to prove in some instances, retaining
the right attorney can make a world of difference. Contact the
Law Office of Robert R. Castro at 301-804-2312 today to set up a consultation with one of our medical