When some people are thinking about bringing a medical malpractice case, one of the first things that come to their mind is what the doctor has done to them. The injury, and how it has changed their life can be of primary concern. For someone who has suffered an injury, this is understandable.
With the above stated, the injury is only “part” of the picture and if you reach out to a Maryland medical malpractice attorney, you will more than likely start to see that there are other issues which surround these cases. The focus of this article, and supporting video, is to make you aware of other issues in which you must take into consideration before filing a medical malpractice claim. The issue I will speak with about further is will the cost of bringing the case outweigh what you will receive? Do not forget about this when thinking about filing a medical malpractice case.
PROVING MEDICAL MALPRACTICE IN MARYLAND…
When you are analyzing the concepts above (injury that the doctor has caused, paying past and future medical bills, etc…), you are dealing with the damages element of a Maryland medical malpractice claim. Damages is but one of the four elements needed to prove that you are the victim of medical malpractice. The other three elements are duty, breach of duty, and causation. If these elements are not met, then you will not be successful in a Maryland medical malpractice case.
In addition to the above, you must also use medical experts who will give an opinion in your case. These experts will testify as to whether your treating doctor fell below the standard of care owed to you, causing your damages/harm. These experts will write reports and review all the necessary information in your case as the basis of their opinions. If you cannot get an expert to agree that there was a deviation of the standard of care, which lead to your injury, then your case will not be successful.
DO NOT FORGET ABOUT THIS WHEN THINKING ABOUT FILING A MEDICAL MALPRACTICE CASE
The cost associated with bringing a medical malpractice case can sometimes get lost in the fact that the client has suffered an injury. However, the cost associated with bringing the claim must be taken into consideration because in some instances, the cost to bring the claim will outweigh the value in return.
For example, if the value of a case is 100k, and it will take 80k to bring the case, a strong argument can be made that the cost to pursue the case overshadows what can be recovered. As I mention above, many times clients do not think about this before wanting to move forward in a medical malpractice claim.
DO YOU HAVE MORE QUESTIONS REGARDING YOUR MEDICAL INJURY?
Costs versus the benefit. Do not forget about this when thinking about filing a medical malpractice case. If you would like to speak with me further about an injury that you suffered at the hands of a doctor or hospital in Maryland, pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815