Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to provide reasonable care, resulting in harm to the patient. Understanding what qualifies as medical negligence in Maryland is important for anyone considering a claim.
At Baird Mandalas Brockstedt & Federico, LLC, we understand how overwhelming dealing with medical injuries can be. You thought you were getting treatment but ended up with more harm instead. Now, you don’t know where to turn or what steps to take next.
Our Maryland medical malpractice lawyers are here for you during this challenging time. Call or contact us online today to learn how we can help with your case.
What Is Medical Negligence?
Medical negligence occurs when a doctor or other healthcare provider does something wrong by medical standards or fails to give reasonable care. This mistake or failure can cause injury or harm to the patient. Note that medical negligence is not the same as a simple mistake, as it must involve a breach of the standard of care. Lastly, the case must be brought within five years after the date of the injury or three years of discovery, whichever is earlier.
What Is Considered Medical Negligence?
Not every bad outcome from medical care is due to negligence. To be considered medical negligence, the harm must result from a breach of the standard of care. Here are some situations that are often considered medical negligence:
- Misdiagnosis—medical providers diagnosing the patient with the wrong illness;
- Failure to diagnose—medical providers failing to diagnose a condition that another competent doctor would have diagnosed;
- Delayed diagnosis—medical providers taking too long or longer than they should to diagnose the patient;
- Surgical errors—provider mistakes made during surgery, like operating on the wrong body part;
- Medication errors—wrong medication or the wrong dose is given;
- Improper treatment—provider giving treatment not appropriate for the condition; and
- Birth injuries—harm to the baby or mother during childbirth due to poor care.
Understanding these common examples can help you recognize what qualifies as medical negligence and when it may have occurred.
How to Prove Medical Negligence
Proving medical negligence requires four main elements. These are duty, breach, causation, and damages.
Duty
The first thing to prove is that the doctor owed a duty to the patient. This means there was a doctor-patient relationship.
Breach
Next, you must show that the doctor breached this duty by not following the appropriate standard of care. The standard of care is what a competent doctor would do in a similar situation.
Causation
Then, you need to prove causation by showing that the doctor’s breach of duty directly caused the patient’s injury.
Damages
Finally, you must show that the patient suffered damages. Damages can be physical, emotional, or financial harm.
Why Medical Negligence Happens
Medical negligence can happen for many reasons, and understanding these causes can help in recognizing negligence.
Overworked and Tired Doctors
Doctors often work long hours and deal with high levels of stress. When doctors are overworked and tired, their ability to make clear, accurate decisions can be compromised. Fatigue can lead to mistakes, such as misdiagnosing a condition or making errors during surgery.
Lack of Proper Training
Sometimes, medical professionals do not receive adequate training to perform certain procedures. This lack of proper training can result in improper treatment or failure to recognize complications.
Poor Communication
Poor communication can lead to misunderstandings, missed diagnoses, and incorrect treatments. For example, if a doctor fails to communicate important information to a nurse, the patient might not receive the correct medication.
Errors in Medical Records
Accurate medical records are vital for providing proper care. Errors in medical records, such as incorrect information about a patient’s medical history or medication, can lead to harmful mistakes.
Inadequate Supervision
In some cases, junior medical staff or trainees might not receive adequate supervision from more experienced professionals. Without proper guidance, less experienced staff may make errors that could have been prevented with better oversight.
Failure to Follow Protocols
Healthcare providers must follow established protocols and guidelines to ensure patient safety. When these protocols are ignored or not followed correctly, medical negligence can result. Regular training and strict adherence to protocols can help reduce these errors.
Steps to Take If You Suspect Medical Negligence
If you suspect you have been a victim of medical negligence, it is important to act quickly and follow these steps:
- Get a second opinion. See another doctor to confirm if there was a mistake.
- Collect records. Gather all medical records related to your case.
- Document everything. Write down what happened and how it affected you.
- Consult a lawyer. Speak with a medical negligence lawyer in Maryland to discuss your case.
Taking these steps can help protect your rights and strengthen your case.
The Legal Process for Medical Negligence
The legal process for a medical negligence case can be complex. Here are the basic steps:
- Consultation. Meet with an attorney to discuss your case.
- Investigation. Your attorney will investigate the case and gather evidence.
- Filing a lawsuit. If there is enough evidence, the lawyer will file a lawsuit.
- Discovery. Both sides will exchange information and evidence.
- Settlement or trial. Many cases settle out of court, but some go to trial.
Understanding these steps can help you navigate the legal process and pursue justice for your injuries.
Medical Negligence Lawyers in Maryland
If you believe you have been a victim of medical negligence, it is important to seek help from an attorney. Medical negligence lawyers in Maryland, like those at Baird Mandalas Brockstedt & Federico, LLC, specialize in these types of cases. They can help you understand your rights and guide you through the legal process.
Baird Mandalas Brockstedt & Federico, LLC: Your Trusted Advocates
Medical errors are a serious problem, causing harm to countless patients each year.
At Baird Mandalas Brockstedt & Federico, LLC, our experienced attorneys have secured substantial verdicts and settlements for medical malpractice victims. For example, we obtained a $14.5 million verdict for a young patient who endured hospital negligence and a $9.75 million settlement for an infant suffering kidney failure due to ongoing medical missteps. These successes highlight our unwavering commitment to holding negligent healthcare providers accountable.
If you believe you’ve been the victim of medical negligence, don’t hesitate to contact us. We’re here to fight for your rights and help you recover the compensation you deserve. Call or contact us online today to learn more.
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Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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