Why all medical injuries may not be medical malpractice. With that said, it is easy to understand why a person who has suffered an injury at the hands of the doctor may feel that the injury is automatically the result of medical malpractice. Many times these individuals have suffered devastating injuries and their lives have been turned upside down.
However, will every injury that happened at the hands of a doctor be medical malpractice in the state of Maryland? The main purpose of this article is to help you understand how you prove a medical malpractice case in Maryland. At the conclusion of this article, you should be able to see why every bad result does not necessarily mean medical malpractice occurred.
WHY MANY PEOPLE THINK A BAD RESULT IS MALPRACTICE…
Many people think that a bad result is medical malpractice because of the severity of the injury. A lot of the times these individuals will have seen their lives take a turn for the worst due to the severity of their injuries. They may have lost their job because they can no longer work. Or for many, they have no way to know how they will pay for future medical care if it is needed. Add to all of these things (and there can be a host of other issues), an injured person may see themselves failing their family because they can no longer provide.
Another point to remember is that for the injured person they did not have this injury until the doctor performed a procedure on them. In their minds, this is the only link that is needed. It is no different from a person saying that they were able to walk into a hospital and then they had a procedure performed and now they cannot walk out of the hospital. The only constant is the doctor/hospital.
WHY ALL MEDICAL INJURIES MAY NOT BE MEDICAL MALPRACTICE
Before I answer the question as to why all medical injuries may not be malpractice, I would like to give you a foundation as to how to prove medical malpractice occurred in the state of Maryland. Maryland law requires that you show that your treating doctor fell below the standard of care owed to you causing your damages, or your injury. Medical experts are used to testify as to the standard of care, and whether your treating doctor deviated from the standard, causing your injury. The easiest way to understand standard of care is to ask yourself what a reasonable doctor would do under the same set of circumstances as your doctor.
So, what you should be able to see, is that a bad result can occur and your doctor still stayed within the standard of care. This is because surgeries and other medical procedures can be risky in and of themselves. A doctor can do everything right and a bad result can still occur. This is why all medical injuries may not be medical malpractice. Knowing this concept can help you understand why there are very few slam-dunk cases when we are dealing with medical malpractice.
DO YOU HAVE MORE QUESTIONS ABOUT YOUR MEDICAL INJURY?
To speak with me further about an injury suffered while in the care of a doctor this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. Medical malpractice questions like yours I answer all the time and I will be glad to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815