Other Malpractice

Generally, when people hear the phrase medical malpractice, they think of a surgeon committing an error during a procedure or a general practitioner failing to diagnose an illness. While these acts often constitute medical malpractice, there is a wide array of other behavior that also could provide a basis for a valid medical malpractice claim, and numerous different care providers that can be held liable for malpractice. If you or someone you love suffered harm because of this kind of negligence, it is prudent to speak with a Baltimore medical malpractice lawyer to discuss whether you may be able to recover damages in a lawsuit. At Arfaa Law Group, we are proficient at helping injured victims seek to hold negligent care providers accountable through medical malpractice lawsuits, and we will advocate diligently on your behalf.

Under Maryland law, a healthcare provider can be held liable for medical negligence or other malpractice that causes actual harm to a patient. The phrase “healthcare providers” does not solely refer to doctors, but also includes chiropractors, pharmacists, dentists, nurses, optometrists, hospitals, and hospice care programs. Thus, if any healthcare provider breaches duties owed to a patient, the patient may have a viable malpractice claim. For example, if a hospital fails to properly vet a doctor’s background prior to hiring the doctor as an employee, the hospital may be accountable for the harm caused by the doctor. Similarly, if a patient reports to a hospital’s emergency department and is not assessed or treated in a prompt manner and suffers harm as a result, the hospital may be held accountable for the plaintiff’s harm. Common scenarios under which a malpractice claim against a nurse may arise include administering the incorrect drug or an improper dosage of prescribed medication to a patient. Likewise, if a pharmacist distributes the incorrect drug or dosage to a patient or fails to observe a patient’s allergies or a contraindication between a newly prescribed medication and an existing prescription, it may constitute malpractice as well. A dedicated medical negligence lawyer can assess these or other malpractice examples to evaluate whether you may have a claim for damages.

Regardless of the precise acts that lead to a patient’s harm or the type of provider that caused the harm, plaintiffs seeking to prove a healthcare provider should be liable for medical malpractice generally must show that the provider was negligent. In a medical malpractice context, proving negligence requires the plaintiff to show that the defendant had a duty to abide by a standard of care, but that the defendant breached the duty. The standard of care in a medical malpractice case is the care that a competent provider in the same specialty would provide in the same situation. In most cases, the standard of care, and the way in which the defendant breached the standard, must be explained by an expert who practices in the same specialty as the defendant. After the plaintiff demonstrates the existence of a duty and a breach of the duty, he or she must then prove that the breach proximately caused his or her alleged harm. This means that the harm would not have occurred absent the breach. Lastly, the plaintiff must prove actual damages. If the plaintiff successfully establishes liability, the judge or jury may award the plaintiff compensation for economic losses, such as medical expenses, lost earnings, and out of pocket costs, as well as compensation for noneconomic harm such as the suffering and pain caused by his or her injuries.

All healthcare providers are called upon to provide effective and thorough care, and if they neglect their duties and their negligence subsequently causes patient harm, they should be held accountable. If you or a loved one sustained damages due to medical negligence or other malpractice in Baltimore, you can confer with an attorney regarding your potential claims. At Arfaa Law Group, we have the knowledge and resources needed to help you strive for a successful result. You can contact us via the form online or at (410) 889-1850 to set up a confidential and free meeting.