So, the question is does a bad result equal a slam dunk medical malpractice claim? For some people, their understanding is that if they have suffered an injury and they were in the care of a doctor or a hospital at the time, this must mean that medical malpractice automatically occurred. Is this true, or is there a better way to explain this issue?
At the conclusion of this article you should be able to see why the short answer to the above question is that bad result does not always mean medical malpractice. Maryland law has specific rules which govern the proof needed to be successful with these types of cases.
STANDARD OF CARE…1 IMPORTANT PIECE OF THE PUZZLE…
In past videos and articles, I have mentioned the importance of the standard of care. The best way to understand the standard of care is what would a reasonable and prudent doctor do under the same set of facts? This is a key component in a Maryland medical malpractice/birth injury case. When we analyze these types of cases, we are looking, among other things, at whether there was a departure from the standard of care, and whether this departure is what has caused the client’s injury or harm.
To learn what the standard of care is for a given procedure, the use of medical experts is used to explain this information. Medical experts are required under Maryland law to explain the standard of care and whether your treating doctor departed from the standard. If you cannot get an expert to agree with you regarding a departure from the standard of care, which caused the injury or harm, you will not be successful with your claim.
DOES A BAD RESULT EQUAL A SLAM DUNK MEDICAL MALPRACTICE CLAIM?
The use of medical experts to explain the standard of care can lead to a “bad result” not necessarily resulting in medical malpractice from the legal side of things. Because surgery and other medical procedures come with some inherent risk, the answer to the question does a bad result equal a slam dunk medical malpractice claim, is no.
Maryland law uses the standard of care and other elements to ensure that a doctor, or nurse for that matter, will only be held liable and responsible for an injury when they do not use the care that an ordinary and prudent medical professional will use in the same circumstances. To handle the issue another way might create problems for doctors who have done everything right, yet a bad result is the conclusion.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP