Injury, check, under the care of a doctor, check, medical malpractice, maybe. To put the previous sentence another way, just because you have an injury while under the care of a doctor does that automatically mean you have a valid Maryland medical malpractice claim.
The purpose of this educational article is to give you, the reader a basic understanding of not only how you prove a medical malpractice case in Maryland, but also, when it is not a good idea to file. As always, it is ultimately up to you regarding making the final call as to whether you want to proceed with a medical malpractice claim.
INJURY CHECK UNDER THE CARE OF A DOCTOR…
Maryland law is pretty clear as to what has to be proven in a medical malpractice claim. A medical expert is needed to give an opinion as to the standard of care owed to you. In addition, an expert must concluded that your treating doctor’s failure to abide by the standard of care is what caused your injury. These are usually hotly contested issues at trial.
If you break down the above paragraph, you should be able to see how a bad result during a surgery, or other procedure, may not be medical malpractice. Surgery, for example, places a lot of stress on the body, and a bad result can happen due to reasons separate from doctor error.
As a quick side, your Maryland medical malpractice lawyer can assist you with finding the proper experts needed.
YOU MAY WANT TO RETHINK THINGS WHEN THIS HAPPENS…
When a client presents with a case which will leave them upside down, it may not be in their best interests to move forward with the case. Below I will give an example of what I mean by “upside down.”
Let us say that your case is worth 80 thousand dollars. However, to get that 80 thousand you have to spend 100 thousand dollars on experts, depositions, etc… As you can see, it will not be in your best interest to move forward under these circumstances.
TO GET MORE OF YOUR QUESTIONS ANSWERED…
You can pick up the phone and give me a call at 301-850-4832 to discuss your situation. I answer Maryland medical malpractice questions like yours all the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle
Suite 700
Chevy Chase, Maryland 20815
