Medical malpractice causes a significant number of deaths in the United States each year. In fact, medical malpractice was recently found to be the third-leading cause of death nationwide. At Arfaa Law Group, our personal injury lawyers provide compassionate legal representation to victims and their families. If you have suffered injuries or lost a loved one as a result of a doctor’s or hospital’s negligence, you may be entitled to compensation. Our Baltimore medical malpractice attorneys are available to assist you. We take care to treat each and every person whom we serve with the utmost respect and compassion.Succeeding in a Medical Malpractice Claim in Maryland
Medical malpractice is defined as a medical professional’s failure to exercise the skill and care that a medical professional in the same specialty would use in similar circumstances. This is an area of the law in which health care providers may be held accountable for their failure to adhere to the appropriate standard of care. Health care providers include general practitioners, specialized physicians, nurses, therapists, anesthesiologists, and other types of medical professionals. Common examples of medical malpractice include birth injuries, surgical errors, emergency room mistakes, medication errors, misdiagnosis or failure to diagnose a condition, failure to treat a condition properly, and post-surgery infections.
Medical negligence cases are rooted in the theory of negligence, which is defined as the failure to exercise the proper care toward others which a reasonable or prudent person would use in the same situation. In the case of a medical professional, this can be an act or omission. Negligence occurs when a medical professional fails to exercise the accepted level of care that another medical professional in the same specialty would have used under the same circumstances. The deviation from the accepted standard of care must be a direct cause of the patient’s harm. In other words, a plaintiff must show that his or her injuries could have been avoided if proper care had been taken. Since these claims tend to be highly sophisticated, expert testimony is essential. In order to prevail on a negligence claim, a plaintiff must show the following: (i) the defendant owed the plaintiff a duty of care; (ii) the defendant breached that duty of care owed; (iii) the defendant’s breach was the direct cause of the plaintiff’s harm; and (iv) the plaintiff suffered measureable injury as a result.
In Maryland, as in other states, there is a formal process that must be followed in order to file a lawsuit against a health care provider. A medical malpractice claim must go through a mandatory arbitration process before it can be formally filed in court. This includes filing the claim with a Certificate of Qualified Expert and a Report. A physician must review the facts of the case and “certify” that the plaintiff’s health care provider failed to adhere to the appropriate standard of care. While this determination is not conclusive in establishing liability, it is a pre-requisite to asserting your right to compensation.Contact a Baltimore Lawyer to Discuss Your Medical Malpractice Claim
At Arfaa Law Group, our Baltimore medical malpractice lawyers are committed to holding negligent medical professionals accountable for the harm they cause. When dealing with a medical malpractice claim, it is important to seek the help of an experienced attorney who understands this area of the law. At Arfaa Law Group, our Baltimore surgical error lawyers have the experience and knowledge to guide you through a medical malpractice claim. We proudly represent injured individuals and their families in the Baltimore-Washington metropolitan area. Call 410-889-1850 or contact us online to set up a free consultation with a personal injury or wrongful death attorney.