Experiencing an injury or illness caused by the negligent actions of a careless, reckless health care professional can be extremely traumatizing. The physical, financial, and emotional toll can be unbearable for the victims and their families. However, you don’t have face this trying time on your own.
If you or a loved one have been injured by the negligent actions or omissions of a careless health care professional, Bennet and Heyman may be able to help. To discuss your case in a free, confidential consultation, call our law offices today at (410) 429-7856.
What is Medical Malpractice?
Medical malpractice is a legal term used in personal injury cases where a health care professional has caused harm to a patient. In short, you may have a medical malpractice claim if your doctor has deviated from the standards of adequate care accepted by the medical profession. Unfortunately, thousands of people are injured or die every year due to medical negligence in the United States. According to some media outlets, medical malpractice is the third leading cause of death in the country. This is an alarming statement, considering that we depend on health care professionals to stay safe and healthy.
Filing an Anesthesia Malpractice or Injury Claim in Baltimore
You may ask yourself, “Do I have any remedies available as a medical malpractice victim?” The answer to this question will depend on a number of factors. Typically, a medical malpractice victim can file a cause of action against the liable parties. Nonetheless, successful claims against negligent health care professionals are not automatic.
As a plaintiff, you have the burden of showing the court that you suffered your injuries due to your physician’s negligence. To effectively file a successful personal injury claim, you will need to show the following elements:
Duty of Care
During this first step, you will need to demonstrate that your doctor owed you a duty of care stemming from the doctor-patient relationship. Doctors have an obligation to provide their patients with reasonable care according to the accepted practices of the medical community.
Reasonable medical care includes providing patients with all the information they need to make informed decisions and performing any examination or procedure using utmost caution. For instance, your anesthesiologist has to inform you of all the risks associated with anesthesia and administer it according to medical standards. If your anesthesiologist was negligent and you developed an allergic reaction or injury, our medical malpractice lawyers can help.
Breach of the Duty of Care
Breach of duty occurs when your doctor distances himself or herself from the accepted practices within the medical community. For instance, if your anesthesiologist administered the wrong dose of anesthesia and caused you harm, they would have breached their duty of care.
Causation
Causation can be difficult to prove due to the variables in each case coupled with arguments from the defendant rejecting assertions of negligence. Courts often utilize the “but for” test to determine whether the negligent actions of your doctor or health care professional caused you harm. In essence, the test poses the question, “Would you have made an effective recovery but for the actions of the medical professional?” If the answer is “yes,” you may be able to prove causation.
Damages
During this phase, you will need to show that you suffered losses to justify the concession of a remedy. This is the moment where you must prove that you suffered financial, emotional, and physical losses.
How Much Compensation Can I Expect from My Anesthesia Malpractice Case?
If you are successful in your claim, the court may award you damages for medical expenses, lost wages, pain and suffering, and other types of damages. The courts may also award punitive damages; this type of compensation is awarded in cases where the actions of the defendant were particularly egregious. Punitive damages are awarded to compensate the plaintiff and punish the defendant, and to dissuade others from acting similarly in the future.
Keep in mind that all cases are different and may yield different results. The amount of compensation you can expect will depend on the circumstances surrounding your particular situation and the extent of your injuries. Additionally, the state of Maryland has caps on the amount of damages they can award for medical malpractice cases. A skilled, knowledgeable, and experienced medical malpractice attorney can help you understand how medical malpractice claims work and obtain the compensation you deserve.
Anesthesia Malpractice and Injury Lawyers Offering Free Consultations in Baltimore
At Bennett and Heyman, we understand the difficulties associated with an injury or illness caused by an anesthesia error. You don’t have to go through this difficult time alone. Let our experienced Baltimore personal injury and medical malpractice attorneys help you. Thanks to our years of experience practicing law, we are able to hold the liable parties accountable for your losses and get you the compensation you deserve. To discuss your case in a free, confidential consultation, call our law offices today at (410) 429-7856.
