Why does the standard of care matter in medical malpractice, or a birth trauma case? The reason I am highlighting standard of care is because I have talked about this issue before in passing in other videos and posts, with this one going into a little more depth as to the issue. When families contact us they usually have experienced a significant injury, either to their baby, or to a loved one. The point of this post is to help shed light on how these types of issues are analyzed.
Medical Malpractice Is A Form Of Negligence…
Before going into the standard of care issue, one must understand that medical malpractice and birth injury cases fall under negligence. In Maryland, to prove negligence one must establish four elements. These elements are duty, breach of duty, causation, and damages. If a plaintiff, or the person bringing the civil suit, cannot prove these elements, then the case will probably not be successful. As a matter of fact, the defense might file a motion with the court preventing the case from moving forward.
Having a birth injury, or medical malpractice attorney review the facts surrounding your claim can help you understand whether you have a good chance of establishing the elements that I mentioned above. As a side, this is not an area of law in which you should probably attempt to handle on your own.
Why Does The Standard Of Care Matter In Medical Malpractice?
The standard of care is important because this is something that must be established when a medical malpractice, or birth injury case is analyzed and filed. For example, here in Maryland medical experts are needed to give an opinion as to the standard of care, and whether there was a departure from the standard which caused the injury. As lay people we do not know the specifics of the standard of care, but a good way to look at it is what would a reasonable a prudent person do under the same set of circumstances. The actions, or inaction must be viewed in the context of the facts and circumstances surrounding the event.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP