“I’ve had a bad result after my surgery so the doctor must have committed malpractice, right?”
“Doctors can’t even practice medicine because every time there is a bad result the doctor is responsible for medical malpractice.”
Both of the above quotes are things that we hear all the time regarding Maryland medical malpractice, with the second quote peddled by many doctors.
The truth of the matter is that both quotes are very much wrong.
They miss the point and do not correctly reflect Maryland law on the issue.
SO IN A NUTSHELL WHAT IS MED MAL IN MARYLAND?
In a nutshell, to be successful in a Maryland medical malpractice case the plaintiff (the person bringing the case) has to show that the treating doctor fell below the standard of care, causing the plaintiff’s injury.
That’s it!
So that means essentially that if the doctor stayed within the standard owed to the patient in the particular procedure, diagnosis, etc…, and a bad result happened, it will not be medical malpractice.
STANDARD OF CARE???
The easiest way to think about the standard of care is what would a reasonable and prudent doctor do under the same set of circumstances as your doctor?
For example, would a reasonable and prudent doctor cut somewhere on your body without first identifying what it is they are cutting?
Would a reasonable and prudent doctor reach a diagnosis of a patient without getting a patient history or listening to the patient’s complaints?
SO WHY SO MUCH CONFUSION SURROUNDING WHAT IS MARYLAND MEDICAL MALPRACTICE?
There may be many reasons why confusion exists in this area of the law.
Many people are not versed in this area of the law, as it is technical in nature in that it not only deals with medicine, but it is based on negligence principles in tort law.
HOW CAN I FIND MORE HELP?
If you have had a bad result in a surgery, medical procedure, etc…, and you would like to speak with us regarding your opinions, if any (remember bad result does not always equal medical malpractice), this is what we invite you to do.
Remember, it costs you absolutely nothing to take this action.
Pick up the phone and give us a call.
We can be reached at 301-850-4832.
We answer Maryland medical malpractice questions like yours all the time and we would be glad to listen to your story.
