So the question is will past medical malpractice by your doctor be told to your jury, in Maryland? For individuals who have suffered an injury at the hands of a doctor, this is an important question for them. What can trigger the question is after the patient has suffered an injury, they begin to do research on the doctor and his or her interaction with previous patients. It is during this research that the patient may find past medical malpractice cases. Once these incidents are found, the patient in some cases, figures that telling the jury of the doctor’s previous medical malpractice dealings should be used in helping the jury find that the doctor committed medical malpractice in the current case filing.
The point of this Maryland medical malpractice educational article is to answer the question, will past medical malpractice by your doctor be told to the jury, in a Maryland medical malpractice case. If you are not in Maryland and are looking for answers to the question, be sure to speak to an attorney in your state about this issue.
HOW DO YOU PROVE MEDICAL MALPRACTICE HAPPENED?
Understanding how to prove medical malpractice in Maryland can help you understand the question of can past medical malpractice by your doctor be told to your jury? Maryland law requires that you show that the treating doctor fell below the standard of care, causing your injury. When we say standard of care, we are saying what would a reasonable and prudent doctor do under the same set of circumstances.
The above is proven with the use of medical experts. These medical experts will review the medical records and facts of the case to be able to render an opinion. Without these medical experts, a medical malpractice case will not be successful. So, if you cannot get a medical expert to conclude that what the doctor did deviated from the standard of care, then your case more than likely fail.
CAN PAST MEDICAL MALPRACTICE BY YOUR DOCTOR BE TOLD TO YOUR JURY?
If you step back and analyze the above paragraphs, you should be able to see why in Maryland in general you will not be able to tell the jury of your doctor’s past medical malpractice findings. The jury is there in your case to review the doctor’s actions as they relate to you against the backdrop of whether the doctor fell below the standard of care, causing your injury.
The fact that the doctor has findings of medical malpractice in the past has little “relevance” as to what happened in your case. A strong argument can be made from the defense that by letting the jury know of the doctor’s past medical malpractice findings, the court is running the risk of the jury disregarding the facts in the current case and imputing liability on the doctor because of past behavior. To the question of can past medical malpractice by your doctor be told to your jury, the answer is going to be in general, no.
HOW CAN YOU GET YOUR MEDICAL INJURY QUESTIONS ANSWERED?
To speak with me regarding an injury you have suffered at the hands of a doctor, or your baby may have suffered at birth, 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