Selecting a doctor you trust to manage your healthcare can be a difficult decision to make. We all hope that we choose a doctor that will provide us with the care that we deserve. Unfortunately, some patients may unknowingly select a doctor that will fail to provide the appropriate standard of care. If you or a family member was injured due to medical malpractice, consult with an experienced Baltimore doctor negligence lawyer today. At Bennett & Heyman, we recognize that every patient deserves adequate medical care, and we are here to help you file a claim against a doctor that caused your injuries. Our firm is here to explain when a patient has a valid medical malpractice claim against a doctor.
Proving Medical Malpractice by a Doctor in Maryland
If you were injured due to the negligent actions of your doctor, it may be appropriate to pursue a medical malpractice claim against that individual and other liable medical practitioners. However, medical malpractice lawsuits are often complex cases that require a claimant to prove a number of factors.
Before proceeding with a medical malpractice lawsuit, a claimant first needs to show that they had a relationship with the doctor that caused their injuries. Specifically, the claimant must prove that the doctor in question provided them with medical care that eventually led to their injury.
It is also necessary for a claimant to show how a doctor violated the standard of care that is expected within their specialization. Doctors are not required to provide a patient with flawless medical care under any circumstance. Doctors are only required to uphold the standard of medical care common within their area of practice. This means that minor injuries or mistakes may not be enough for a patient to file a valid medical malpractice claim.
To help prove that a doctor did not uphold the standard of care, the plaintiff will require the assistance of expert witnesses. In a medical malpractice claim, the expert witnesses should be highly experienced medical practitioners that are well-versed in the type of medicine practiced by the doctor who committed the malpractice. For example, an experienced surgeon would be most useful when attempting to explain how a surgical procedure was performed improperly.
After a filing a medical malpractice lawsuit, there are multiple elements that a plaintiff must show at trial to be successful in their claim:
- The doctor owed the patient a duty of care to provide adequate medical care
- The doctor breached the duty of care
- The patient suffered an injury due to the doctor’s breach
- The injury suffered is one that is compensable by a court of law
A plaintiff must prove all elements of the claim in order to prevail. Other factors can affect a medical malpractice claim. To learn more about filing a medical malpractice lawsuit, continue reading and speak with an experienced Baltimore personal injury lawyer.
Statute of Limitations for Maryland Medical Malpractice Lawsuits
When considering a medical malpractice lawsuit, you should be aware that your claim is subject to the statute of limitations. The statute of limitations determines the length of time that a claimant has to file a particular type of lawsuit.
In Maryland, the statute of limitations for a medical malpractice lawsuit may vary depending on the circumstances of a victim’s case. For example, the State of Maryland has provided that a claimant must file a lawsuit within five years of the date of their injury.
However, some patients may indeed suffer a serious injury due to malpractice yet be unaware of when the injury occurred. For instance, if a patient undergoes a surgical procedure and the surgeon leaves a foreign object inside the patient, they may not learn of the surgical error until they experience pain weeks or months after the surgery. As a result of this possibility, a claimant can also file their lawsuit within three years of the discovery of their injury.
Note, however, that if a claimant does not file their claim within the permitted timeframe, the court will bar their claim. If this occurs, an injured patient will be unable to pursue compensation for their injuries. That is why it is important to understand the gravity of failing to file a case within the statute of limitations. Our firm can ensure that we apprise you of all the issues that could affect your potential case.
Our Maryland Medical Malpractice Attorneys Can Help You Sue a Negligent Doctor
If you or a family member was a victim of medical malpractice by a doctor, hospital, or other healthcare institution, consult with an experienced Maryland hospital negligence attorney today. The legal team at Bennett & Heyman, possess decades of combined legal experience helping clients litigate a wide range of medical malpractice claims, and we are ready to work with you. To schedule a free legal consultation to discuss your claim, contact Bennett & Heyman at (410) 429-7856, or contact us online.
