Must your doctor intend to injure you before you can sue in Maryland? Just a couple of days ago I spoke with a potential client who voiced a statement similar to this. In addition, I was recently online and I read the same type of comment by a poster on a medical related story.
Based on a lot of information in the public, it is easy to see how individuals reach the conclusion that doctors have intend to injure you before you can sue them for your injury in Maryland. However, is this the current state of Maryland medical malpractice law?
MUST YOUR DOCTOR INTEND TO INJURE YOU BEFORE YOU CAN SUE IN MARYLAND?
To put the question another way, must your doctor essentially wake up in the morning planning to injure you before you can sue in Maryland for the harm done to you? The simple answer is that it is irrelevant whether your doctor intended to injure you before you can sue in a Maryland medical malpractice action.
To bring a medical malpractice case against your doctor, Maryland law requires you prove that the treating doctor fell below the standard of care owed to you, causing your injury. The use of medical experts are needed to prove these elements. Your medical experts, usually assembled by your attorney, will review the pertinent information needed to render a qualified medical opinion(s).
WHETHER YOUR DOCTOR INTENDED TO CAUSE THE INJURY IS IRRELEVANT
Based on the above break down of the crucial elements, hopefully you can see that the “intent” of the doctor is not needed. The analysis will focus on the care that was given. Was the care good and acceptable medical care? If the care was not good and acceptable, did this substandard care cause your injury?
The above is the focus of many Maryland medical malpractice cases. For me, when a potential client contacts me regarding a medical injury, I am listening to understand how their facts meet the above elements.
HAVE MORE QUESTIONS?
Must your doctor intend to injure you before you can sue in Maryland? With the breakdown in this educational article, you now have a basic idea of how Maryland medical malpractice cases work. To speak with me further about your injury why under the care of a doctor, this is what I invite you to do.
Pick up the phone and give me a call at 301-850-4832. I answer Maryland medical malpractice and wrongful death 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
Chevy Chase, Maryland 20815