Maryland Medical Negligence Lawyers
If you need to see a doctor, surgeon or primary health physician because of an illness or injury, you typically get assurance from the fact that the medical professional has years of training and experience in providing quality treatment and care. However, in truth, medical professionals are humans just like us, and there is no certainty that he/she won’t make a mistake.
Medical negligence occurs as a result of omission or negligence by a medical professional that directly or indirectly results in harm or damage to a patient.
Negligence by a doctor or general physician may include error in diagnostics, treatment, and/or illness management. If any of the mentioned acts results in injury or condition progression in a patient, then a legal case may arise against the following parties for malpractice:
- Doctors – If his/her actions have deviated from the commonly accepted practice standards
- Hospital – For inadequate training of staff and/or improper care, including sanitation, medication, and so on
- Agencies – Including local, state, and/or federal agencies that operate healthcare facilities
Medical negligence laws are implemented in order to protect the rights of a patient to seek compensation for damages that arise as a result of negligence. That being said, malpractice cases are quite complex. Hence, it is important to have a consultation session with an attorney regarding the nature of the medical negligence claim, as he/she will be able to evaluate the best options you have.
Laws Regarding Malpractice
Because of the resources and power of medical industry lobbyists, medical malpractice actions are difficult to bring and prevail. Many states have established complex laws that protect physicians and hospitals against the amount of damages and the compensation that is awarded with such lawsuits. This protection is otherwise known as a “cap.”
A certificate of merit, often viewed as an obstacle between filing a malpractice action, typically has to be filed, too. Essentially, an expert (usually another doctor) reviews the medical records and certifies whether the healthcare provider has deviated from general medical standard of care and practices, resulting in an injury to the plaintiff.
As it is, medical negligence may be committed by any type of medical professional. In situations where an employee of a hospital commits malpractice, the hospital may be held accountable under the “respondeat superior” doctrine.
Under this doctrine, an employer can be accountable for negligence of an employee, provided that the employee was acting within the scope of their employment during the time of negligence. This doctrine is important for the plaintiff as it ensures that the responsible party will be held financially liable.
It’s never easy to file a lawsuit for medical negligence against a doctor, let alone a hospital or healthcare facility. As such, you should seek help from an experienced medical malpractice lawyer that understands the nature of your case.
If you or a loved one has been the victim of medical negligence, let the attorneys at Altmark, Rotter & Trock, LLP take care of the proceedings. Please call us for a free consultation at (410) 783-9230, or toll-free outside of Baltimore at 1-(888) 966-5566.