Baltimore Malpractice Lawyers: What Constitutes Medical Malpractice?June 16, 2014
If your physician made a mistake while treating you, it may seem likely that you have a legitimate medical malpractice case. While this might be true, it’s important to understand that there is much more to medical malpractice than simply getting hurt. Generally, a valid medical malpractice claim requires proving that a doctor or other medical professional made a mistake, and that you were harmed by that mistake.
Medical mistakes can take many forms. For a medical malpractice claim, however, it must be shown that the act or failure to act — also called an omission — constitutes negligence. This can occur as a misdiagnosis, a failure to diagnose or improper treatment. The key to this determination is the “standard of care,” or the generally accepted methods used by other medical professionals under similar circumstances. If it can be shown that your doctor breached this standard of care, your claim stands a better chance of succeeding in court.
In addition to proving negligence, you must demonstrate that the negligence directly caused serious damage or further harm. It is usually necessary to find at least one expert witness — usually another doctor or medical professional — who can explain how the physician’s mistake led to your injury. An expert witness can also explain the standard of care that should have been used in your case and how your physician breached that standard.
Medical malpractice claims can be complicated, sometimes taking years to resolve. For this reason, it’s important to find an experienced attorney who can fight for the compensation you need and deserve. Speak with an experienced Baltimore malpractice lawyer at LeViness, Tolzman & Hamilton, P.A. today.