Nothing prepares you for the shock of realizing you were the victim of a medical error. The vast majority of patients in the U.S. are happy to leave their lives in the hands of medical practitioners and with good reason.
Most of the time, things go well; patients recover and continue their lives. But, for some, things turn very dark. When medical errors happen, it can lead to serious injury, illness, or death. a
If you are the victim of a medical error, it is important to know that legally, it will be grouped into one of two terms: medical malpractice or medical negligence.
Medical malpractice and medical negligence are not the same. It is essential to know the difference if you want to file a legal case.
Both terms involve medical mistakes, but you must prove each concept differently. In Maryland, you must follow specific laws and precedents if you want to file a successful claim.
What Does Medical Negligence Mean?
Generally speaking, negligence means someone failed to do something they should have done. It is the same in the medical profession. A doctor may neglect to exercise reasonable care. When this happens, a patient is harmed.
At the same time, negligence does not always mean a doctor or surgeon made a mistake intentionally. It also does not mean they breached a professional medical standard.
When it comes to medical negligence, a situation usually involves mistakes, omissions, or lapses in judgment. When you file a claim, the court will consider whether another competent provider would have made the same mistake under similar circumstances.
There are many obvious examples of medical malpractice. These include the following cases:
- Doctors do not check patients’ medical records or history before giving them a prescription.
- Nurses give patients too much or too little of a specific medication.
- Doctors misdiagnose something another reasonable provider would have correctly diagnosed.
How Does Medical Malpractice Differ From Negligence?
Malpractice is a step up from negligence. It is more severe and involves a breach of the accepted standard of care.
If you want to file a malpractice claim, you need to prove a healthcare provider knew what they were doing when they breached the established treatment protocol. You must also prove this breach directly caused you harm.
Alternatively, you must prove that the provider acted unreasonably based on medical standards. (You don’t always have to prove intent).
This inevitably makes the burden of proof much higher. If your situation resembles any of the following, you may have a strong malpractice case:
- The surgeon performed the wrong procedure, even though they had access to your medical records.
- The doctor intentionally ignored test results that plainly stated a life-threatening condition.
- The hospital did not enforce safety protocols, resulting in a preventable injury or infection.
Elements You Need to Prove in a Malpractice Case
If you believe you are a victim of malpractice, you and your lawyer must prove the following:
- The healthcare practitioner owed you a duty of care. Your medical records must show that the provider was involved in your treatment or surgery.
- The healthcare practitioner breached the accepted standard of care. You must prove that the doctor or surgeon knowingly deviated from the care you should have received.
Maryland follows a national standard of care for malpractice cases. This means your doctor’s actions are compared to what another similarly trained doctor would have done under the same circumstances.
Remember that you may need expert testimony to determine your case’s acceptable standard of care.
- The healthcare practitioner’s actions directly caused you harm. This is the most important part of your case and often the most difficult to prove.
Their lawyer may advise the defendant to argue that their harm is due to a pre-existing condition. They may also argue that you were hurt because of an unavoidable complication.
If this applies to your case, your lawyer will do everything possible to prove the defendant’s claims wrong. - You suffered significant harm because of the malpractice. You must also show damages when you establish the link between the doctor’s actions and your harm.
You will have to calculate your medical expenses and lost income. You can also include pain and suffering in your calculation.
Proving Medical Negligence in Maryland
Proving medical negligence is similar to providing malpractice. The main difference is that you do not have to demonstrate intentional deviation from accepted standards. Therefore, you only need to prove the following:
- A duty of care existed when you were treated.
- The doctor or surgeon made a careless mistake.
- The mistake that caused you harm.
- Your harm resulted in financial and emotional or psychological damages.
Unlike malpractice claims, your negligence case may not need expert testimony. Still, you must prove causation—that the doctor’s mistake caused you harm. A medical expert can help you prove a mistake was careless and not a reasonable medical judgment.
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Expert Witnesses Can Help You Win Your Case
If you want to add expert witness testimony to your case, you must file a Certificate of a Qualified Expert within 90 days of filing your malpractice lawsuit.
A licensed medical expert must sign the certificate. The expert must also agree that the defendant did not meet the standard of care.
An expert witness can still help you win if you file a negligence case. However, employing one is not always necessary unless you are struggling to prove causation.
Maryland Statute of Limitations
You must file your case within the deadline set out by Maryland law. For instance, a medical malpractice lawsuit must be filed within five years of injury. If you only discovered the injury later, you must file the case within three years of that date.
General negligence cases usually have a three-year statute of limitations. Medical negligence cases are typically subject to the same deadlines as malpractice cases.
These tight deadlines alone should motivate you to hire an attorney as soon as possible after a medical error.
Damages Available After Malpractice or Negligence
You can claim several types of damages when you file a malpractice or negligence lawsuit. These include economic and non-economic damages. If your harm was caused by malicious or reckless intent, you may be able to claim punitive damages.
However, punitive damages are rarely awarded, and proving egregious or malicious intent is notoriously difficult.
No matter what type of damages you want to claim, you must have a lawyer by your side. This way, you can work through the legal processes and have the best shot at fair compensation.
