As a general rule, those who live within a society have to exercise caution and make sure their actions do not harm other people. This is a fundamental principle most people may consider obvious. However, not everyone adheres to this principle. This is sometimes true for doctors, nurses, anesthesiologists, and other healthcare professionals whose actions – or lack thereof – can lead to severe injuries and other medical complications.
If you or a loved one was injured by the negligent actions of a doctor or other healthcare professional, you may obtain compensation for your losses. To learn more about your particular case in a free, confidential consultation, call Bennett & Heyman P.A. today at (410) 429-7856.
The Medical Standard of Care for Healthcare Professionals
Typically, healthcare professionals such as doctors must go through years of hard study and practice to be able to work in their particular field. However, despite the theory and practice that comes with this profession, many doctors make errors that can lead to devastating injuries. This is what is commonly referred to as medical malpractice.
Doctors and other healthcare professionals are expected to provide timely and appropriate medical care to all their patients. Legally, healthcare professionals are measured by the medical standard of care. The medical standard of care refers to the care a competent medical professional with a similar background and within the same medical community would have provided under the same circumstances that led to the medical injury. According to this legal standard, a doctor can be found liable for the harm caused to their patients.
Can I Sue for an Allergic Reaction to Medication?
If you were injured as a result of the negligent actions of a doctor or another healthcare professional, you may have a cause of action against the liable parties. Medical malpractice injury lawsuits are based on a negligence theory. This means you will need to show that the negligent, careless, or otherwise reckless actions or omissions of your treating physician led to your injuries.
To determine negligence in a medical malpractice case, you will need to go through a four-stage process. Keep in mind that as the plaintiff, you have the burden of proving negligence. This can be achieved by showing a duty of care, a breach of said duty, causation, and damages.
Duty of Care
This is the first step in your medical malpractice claim. However, the duty of care a doctor has to his or her patient must come from a doctor-patient relationship. This means you must show an existing doctor-patient relationship to prove there was an actual duty of care owed by your treating physician. Without an established doctor-patient relationship you may not be able to satisfy the necessary elements for your claim to prosper. Once you have determined the duty of care, you can move on to the next step in your claim.
Breach of Duty
As we discussed before, there is an established medical standard of care every doctor must follow. If the actions of your treating physician diverge from the expected conduct of a reasonable, skilled medical professional, you can likely establish a breach of duty
In this step, you must be able to show your doctor’s violation of the duty of care caused you harm. This means proving your allergic reaction was caused by the doctor’s deviation from the medical standard of care.
Proving damages in a medical practice case requires the plaintiff to show they suffered either physical, financial or psychological harm.
Essentially, you will need to prove your treating physician had a duty to make sure they provided you with the correct medication to prevent an allergic reaction and that they breached their duty of care, causing you harm which justifies the concession of damages. Our knowledgeable, skilled, and experienced lawyers can help you through the entire medical malpractice claim.
What Compensation Can I Expect from a Medical Malpractice Claim?
A victim of medical malpractice claim can lead to both economic and non-economic damages. Economic damages refer to compensation for things such as medical expenses, loss of property, lost wages, and other tangible monetary losses. Non-economic damages relate to compensation for things such as pain, suffering, and mental anguish.
In some instances, the court may grant additional damages known as punitive damages. Punitive damages are awarded in cases where the defendant’s conduct was found to be particularly egregious. They are also awarded as a way to prevent others from performing similar actions in the future.
Baltimore, MD Allergic Reaction to Medication Attorney offering Free Consultations
While some allergic reactions to medication can cause mild rashes, others can lead to severe, life-threatening conditions such as anaphylaxis. Dealing with an allergic reaction caused by the negligent actions of a careless doctor can be stressful and painful. However, there are ways to obtain compensation from the liable parties. The Baltimore allergic reaction to medication attorneys at Bennett & Heyman P.A. can help you get the compensation you deserve for your losses. To learn more about your case in a free, confidential consultation, call our law offices today at (410) 429-7856.