Did you cause your injury in your Maryland medical malpractice case? To put the question another way, are you responsible in any way for your medical malpractice injury? This is an important issue for individuals who have a medical malpractice case in Maryland.
The purpose of this educational article is to help you understand the concept of contributory negligence in Maryland. If you are reading this article, or watching the corresponding video, and you are in another jurisdiction, be sure to speak with your attorney regarding how your state handles this issue.
HOW TO PROVE A MEDICAL MALPRACTICE CASE IN MARYLAND…
Before answering the question above of did you cause your injury in your Maryland medical malpractice case, I would like to give you a foundation as to how to prove a medical malpractice case in Maryland. Medical malpractice falls under the heading of tort law.
Essentially, you must prove that your treating doctor fell below the standard of care owed to you, causing your damages. For the purposes of this article, think of damages as the injury or harm done to you. Maryland medical malpractice attorneys use medical experts to give opinions of the standard of care, or safety rules, applicable to your situation. Without these expert opinions, your case will not move forward.
DID YOU CAUSE YOUR INJURY IN YOUR MARYLAND MEDICAL MALPRACTICE CASE?
Maryland is one of the few states that still follow the legal doctrine of contributory negligence. The simplest way to understand this doctrine is if you are in any way responsible for your injury you cannot recover. If you are reading that last sentence like…boy is that harsh, you are correct. It does not matter how “small” the percentage of your “responsibility” is, if you caused your injury in any way, you cannot recover.
If defense attorneys suspect that the reason for the injury is because of something the patient did, or did not do, they will attempt to bring this issue out during discovery (depositions, etc…). As a result, when screening a medical malpractice case, the issue of a possible contributory negligence issue will be reviewed, on the front end.
DO YOU HAVE QUESTIONS REGARDING YOUR MEDICAL INJURY?
To speak with me further about the question of did you cause your injury in your Maryland medical malpractice case, this is what I invite you to do. 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.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP