What Is Medical Malpractice?
When you visit a doctor, whether it is an individual doctor’s office, a hospital or any other healthcare facility, you expect that the doctor will give you the full range of his or her attention, experience and training.
Unfortunately, there are situations where doctors make mistakes. When a doctor diverges from a traditional advice or standards of care that help to protect you as a patients and you have sustained injuries as a result, you may be entitled to recover compensation through a medical malpractice lawsuit.
Not every situation in which you have a negative outcome with your care is a medical malpractice, however. It is important to understand what medical malpractice is and how this translates to your rights to file a claim to recover compensation. Those individuals who have been critically injured by a physician or other healthcare provider, may have grounds to recover compensation. Some of the most common examples of medical malpractice have to do with making a mistake in treatment or in diagnosis.
Elements of Medical Malpractice
There are several different elements that must be in place in order to file a medical malpractice lawsuit. First of all, there must be a doctor and patient relationship that existed at the time of care. The care provided by the physician must have breached the standard of care that can contribute to medical negligence. This includes the failure to treat, treatment and decisions that fell below the accepted medical standard of care in a doctor or another healthcare provider’s treatment of you.
There must also be a connection between the medical negligence on the part of a care provider and the injuries that the patient has sustained. There are several different ways that you can illustrate medical malpractice.
You may need to hire a medical expert, for example, to demonstrate that the doctor did not give you the appropriate standard of care and that the injuries you have sustained as a result are severe and life changing. It is not enough that a doctor made some kind of a mistake or that you have an outcome that was not what you intended. In many situations, a doctor may have given you the fullest extent of his or her attention, care and training, but have been unable to achieve the outcome you needed or desired.
This is primarily because the key factor in any medical malpractice case is the standard of care. If another provider would have handled this situation differently, then you may be able to file a medical malpractice claim.
Most Common Types of Medical Malpractice
Medical malpractice can relay from any situation in which a physician or healthcare provider fails to give you the proper duty of care. Some of the most common situations that emerge as medical malpractice lawsuits include:
- Surgical mistakes
- Prescription medication errors
- Defective medical device injuries
- Failure to treat
- Failure to diagnose
When you believe that you may have the grounds for medical malpractice lawsuit, it is imperative that you speak to another doctor to get a second opinion on your condition. It is also important to take legal steps to protect yourself, such as setting up an appointment with a Baltimore medical malpractice attorney as soon as possible.
Only a medical malpractice attorney can tell you more about your individual case and the damages to which you may be entitled. A doctor failing to give you the proper duty of care has the potential to change your life in big ways. The law recognizes that as a patient you have a right to hold this individual responsible.
Bear in mind that the other party and his or her insurance company will have extensive experience in handling the defense of these kinds of claims. Likewise, you need someone advocating for your best interests and fighting hard for your rights in a case like this. Do not hesitate to reach out to an experienced Baltimore medical malpractice attorney as soon as possible after you find yourself in this situation. Choosing to retain the right lawyer can have a big impact on whether or not you are able to recover damages.