How To Prove A Maryland Medical Malpractice Lawsuit
Maryland personal injury laws allow victims to recover damages when they are injured through the wrongful acts of someone else, and medical malpractice cases fall under this umbrella. The focus is on misconduct by a health care provider and how it caused harm to the patient, so these cases involve highly technical subject matter. In addition, you must meet the complicated requirements of the Maryland Health Care Malpractice Claims Act and other court procedural rules. Together, the statutes and legal concepts make medical malpractice claims among the most complex of all personal injury matters.
Still, medical malpractice cases are just like any other in the sense that you must have proof to prevail. Obviously, this means having sufficient evidence, but there are unique factors to understand when pursuing a health care provider. To avoid putting your rights at risk, it is important to rely on an Owings Mills medical malpractice attorney. You can also review some background information on how to prove a med mal case.
Essential Elements for Maryland Med Mal: There are designated sets of facts that plaintiffs must establish for various types of personal injury claims. For a medical malpractice case, you need to prove that the healthcare provider who treated you deviated from the relevant medical standard of practice. This standard is determined by reviewing what other members of the medical community, who possess similar training and skill, would have done to provide care under the circumstances.
These essential elements are listed in the med mal statute, and many cases boil down to two key questions:
- Did the doctor breach the standard of care?
- Did that breach cause harm and/or injury?
Note that another important requirement in a Maryland medical malpractice is the statute of limitations. You have 3 years from the date of the harm, to file a lawsuit in court.
How to Prove a Medical Malpractice Case: Now that you know what you need to prove, you can better understand how to do it. For both questions above, evidence is the key. With a medical malpractice case, your medical records will certainly be a focal point.
However, one of the most important sources of evidence and factual support in a med mal case is medical experts. A physician can testify in court regarding the relevant standard of care, which will vary significantly based upon the specialty and circumstances. Plus, a medical expert will help explain what acts by your physician deviated from the standard of care, in terms that a jury can understand.
Trust an Owings Mills Medical Malpractice Lawyer to Handle Details
This overview on proving a med mal case is useful, but it is no substitute for retaining skilled legal representation to help you navigate the process. For more information on how we can assist, please contact Furman | Honick Law. You can set up a free case evaluation by calling 410-844-6000 or visiting us online.
Source:
mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj§ion=3-2A-02&enactments=False&archived=False
