Medical Malpractice Attorneys serving Baltimore, Maryland
Doctors, nurses, hospitals, and other healthcare professionals are responsible for their medical errors or medical negligence. When healthcare providers fail to provide adequate care, they may try to avoid responsibility or even hide the mistake from you.
If you or a loved one has been injured or have died during or as a result of a medical procedure, you may be entitled to compensation for medical malpractice injuries. If you believe you have a medical malpractice or medical negligence case in Maryland, call Bennett and Heyman, P.A. for a free consultation.
Skip to the content below:
- Medical Malpractice definition
- Proving medical malpractice claims
- Who can you sue in a medical malpractice suit?
- Common types of medical malpractice claims
- Why choose Bennett Heyman medical malpractice lawyers?
What is Medical Malpractice in Maryland?
Medical malpractice is generally defined as an act of negligence or a failure to act by a doctor or other healthcare professional resulting in harm, personal injury, or wrongful death to the patient. Your case might be a medical malpractice case if the doctor or hospital breached a reasonable standard of care or duty.
How Do You Prove a Medical Malpractice Claim in Maryland?
To prove a medical malpractice case, you need to verify that the doctor, nurse, or other healthcare professional did something wrong. Many different factors must be considered to prove a medical malpractice or medical negligence claim in Baltimore.
Elements of a Medical Malpractice Claim
To prove a medical malpractice personal injury or wrongful death claim, the four essential elements the plaintiff/patient must show include:
- The healthcare provider owed a duty to the plaintiff (establishing the doctor-patient relationship),
- The healthcare provider breached that duty (prove breach of the standard of care),
- The breach caused the plaintiff’s harm (prove causation),
- The plaintiff suffered some injury a court can correct or reimburse them for, called “damages.”
Establishing the Patient-Doctor Relationship
The first thing to prove in a medical malpractice claim is the establishment of a patient-doctor or similar relationship. Simply put, if a doctor or healthcare professional did not actually care for the patient, there could not be a ‘duty’ or medical ‘standard of care’ to be breached.
What is ‘Medical Standard of Care’ in a Medical Malpractice Case?
Duty or medical standard of care is typically defined as the established minimum level of care that an average or ordinary healthcare professional with the same education, would provide to the same patient, in the same circumstance.
To show a breach of the medical standard of care, you must prove that another doctor with similar or the same training in the same circumstance would not have made the same mistake. Typically a medical expert will be called into court to testify that the actions the medical provider took were negligent.
What is ‘Causation’ in a Medical Malpractice Case?
Causation can prove to be a difficult concept in a medical malpractice suit. One of the elements of proving your medical malpractice case is showing that the error made by the healthcare provider directly caused the harm, injury, or wrongful death.
For example, if a doctor or healthcare provider acted negligently, but the negligence did not cause harm or death, that will not be sufficient enough to prove medical malpractice occurred.
Who Can You Sue in a Medical Negligence or Malpractice Lawsuit?
- Aids or Assistants
- Nursing Homes
- Healthcare Companies
- And more!
Common Types of Medical Malpractice Cases
Medical malpractice can occur in nearly any type of medical or clinical environment. Our areas of medical malpractice practice include:
Birth Injury Claims
Expectant parents have enough to worry about. When they go to the hospital, and the mother gives birth, it should be one of the most important and happy days in those parents’ lives. Medical errors can happen in any procedure, but when they occur during birth, they can be especially tragic. Learn more about Birth Injury Medical Malpractice claims »
Hospital Negligence Claims
Most people are uncomfortable with hospitals, yet we all know that they are necessary – that hospitals save peoples’ lives and get them the care they need in emergencies. We also know that hospitals are often reminders of sickness and death. For some, hospitals are worse: they are the institution responsible for harming them.
Hospitals are known places of healing, but sometimes, due to irresponsible staff, infections, and other dangers, they do more harm than good. Learn more about Medical Malpractice Hospital Negligence claims »
Surgical Error Claims
Surgical errors are one of the most common medical malpractice case types. This happens when the doctor did something during a surgical procedure that was wrong, which led to harm to a patient. Correcting the problems from surgical errors usually requires more surgery.
An example of a surgical error medical malpractice case is when a doctor slips with the scalpel and accidentally nicks an artery, causing extreme blood loss. Learn more about Surgical Error Medical Malpractice claims »
Failure to Diagnose/Misdiagnosis Claims
Misdiagnosis or failure to diagnose an illness or condition may lead to delays in treating the illness. These delays could be vital to the success or failure of the treatment, especially in diseases like cancer.
To prove a doctor failed to diagnose or misdiagnosed a condition, you may need to show evidence of wrongly interpreted test results or the lack of specific tests that would have identified the condition. Learn more about Medical Malpractice Misdiagnosis claims »
Nursing Home Negligence & Abuse Claims
When we want our elderly parents and grandparents to get skilled nursing care around the clock, we trust nursing homes. Especially today, when people are living longer and requiring more and more medical attention and day-to-day nursing care.
Unfortunately, people are being betrayed by the healthcare providers that they trusted to care for their family members. Nursing home abuse is entirely too common, with some statistics saying that one in 10 elders will experience elder abuse. Learn more about Nursing Home Negligence & Abuse claims »
Wrongful Death or Fatal Medical Error Claims
Losing a loved one is always a painful experience, but when that loss comes due to medical malpractice, it can feel shockingly tragic. During their suffering and grief, family members may fail to realize that they may have legal recourse through a wrongful death lawsuit.
In Maryland, only the “wife, husband, parent, and child of the deceased person” can sue for wrongful death, according to Md. Code, Cts. & Jud. Pro Code § 3-904. This law means that grandchildren, nieces, nephews, nor siblings can sue for wrongful death, even if the deceased was responsible for their care. Learn more about Wrongful Death in Medical Practice claims »
Why Choose Bennett and Heyman Law for Medical Malpractice Claims in Baltimore?
Bennett & Heyman has more than 70 years of collective experience fighting for the rights of individuals in medical malpractice personal injury and medical negligence cases. We treat all of our clients as if they were our family members. Our medical malpractice and negligence attorneys want to see our clients get the recovery they deserve.
Free Consultation for Medical Malpractice Claims
If medical negligence or a surgical error has turned you or a loved one’s life upside down, turn to the experienced medical malpractice attorneys at Bennett & Heyman. Our law firm will be with you every step of the way to help you recover, both emotionally and financially.
Your case may have deadlines attached, so contact an attorney as soon as you can. For a free consultation with our attorneys, stop by our Baltimore, MD office, or call us at (410) 727-2168.