The Doctor Said I’m Sorry For What Happened…
The doctor said I’m sorry to you and now you are wondering is this proof that he or she committed medical malpractice in your situation?
This is a question that often crosses the minds of individuals who contact my office after either a bad result following a surgery or medical procedure or baby birth injury.
Maryland law has a specific way of dealing with this issue.
THE BASICS OF A MARYLAND MEDICAL MALPRACTICE LAWSUIT
In general Maryland law requires that a plaintiff prove that their treating doctor fell below the standard of care owed to them and by falling below the standard of care this is what caused the injury.
The standard care essentially deals with what would a reasonable doctor do under the same set of circumstances as your doctor.
Without proving these elements it will be hard to prove your case and claim under Maryland law.
THE DOCTOR SAID I’M SORRY TO YOU
Maryland law has carved out a specific section of the law to deal with the above question, and this information can be found in detail in Courts and Judicial Proceedings §10-920(b) (1). It provides that:
“(b) (1) Except as provided in paragraph (2) of this subsection, in a proceeding subject to Title 3, Subtitle 2A of this article or a civil action against a health care provider, an expression of regret or apology made by or on behalf of the health care provider, including an expression of regret or apology made in writing, orally, or by conduct, is inadmissible as evidence of an admission of liability or as evidence of an admission against interest.”
WHY DOES THE LAW DO THIS FOR MARYLAND DOCTORS
For some, one of the main reasons why this law was enacted is because in some instances if the doctor can freely say that they are sorry then the patient may not sue them.
The patient will see their outcome as just an “error” and try to live their life the best way they can around the error.
On the other hand, there are some patients who feel the exact opposite and feel that a law suit is the best way to help them move forward with their life.
THE DOCTOR SAID I’M SORRY BUT YOU NEED MORE HELP
To speak with me further about the facts surrounding your situation this is what I invite you to do, pick up the phone and give me a call.
I can answer your medical malpractice questions, as this is something that I do all the time and I would be happy to listen to your story.
I can be reached at 301-850-4832.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815