Maryland Medical Malpractice & Childbirth Injury Attorney Explains One Reason Not To File A Maryland Medical Malpractice Or Childbirth Injury Case.
Oftentimes clients want to know when there is a good time to file their medical malpractice case.
This assumes however, that they have a good case to file.
But the truth of the matter is that not every case is a good case to file.
When a person suffers a serious injury, or death, and they are in the care of a doctor or hospital, medical malpractice can cross some people’s mind.
Even thought it may be easy to think medical malpractice, this may not always be the case.
The main purpose of this educational article and supporting video is to help you get a better understanding of this complex process and to explain one reason not to file a Maryland medical malpractice or childbirth injury case.
Proving The Basic Elements Of A Maryland Medical Malpractice Case.
There are four basic elements to any negligence case in Maryland and they are duty, breach of duty, causation, and damages.
If any one of these elements is missing then your case will not be successful.
This is why your attorney will pay close attention to the facts in your case to see if a case can be made.
One thing that neither you nor your attorney wants is a case to move far along the process only to be derailed by a missing element.
One Key Area Of Contention…
Causation can be a really contentious area of dispute in these cases.
The reason so is because your injury must have been caused by something the doctors did or did not do.
If you cannot prove that the doctors caused your injury or harm then your case will fail.
For example, let us say that you are having issues with your foot.
You go to the doctor and the doctor makes the proper diagnosis for your pain.
The doctor then explains the future issues that may present themselves, including a degenerative condition.
Add to that the doctor explains the pros and cons of surgery, including surgical limitations.
The patient ops for the surgery and later down the line the patient’s condition takes a bad turn.
After contacting a Maryland medical malpractice attorney to review the records it is determined that the current problems the patient is facing is due to the degenerative condition, not the surgery or diagnosis.
If this case is brought there is a great chance that the defense will argue the causation problem first noted by the plaintiff’s attorney and the case will more than likely not be successful.
Again, this is because causation cannot be linked to the underlying injury.
How Can You Have Your Case Reviewed?
To speak with me further about either your injury, or your loved one’s death while in the care of a doctor this is what I invite you to do, and it will cost you nothing to take this next action.
Pick up the phone and give me a call.
I can answer your legal questions, as this is something that I do all the time.
I can be reached at 301-850-4832.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815
Maryland Medical Malpractice Trial Attorneys