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Medical Malpractice in Maryland

doctor with X-ray

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 deemed negligent.

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 malpractice attorneys.

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