("MMM") MARYLAND MEDICAL MALPRACTICE BASICS - 101 : A PRIMER

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There are several types of injuries that could give rise to a medical malpractice claim in Maryland, including: improper use of anesthesia, birth injury, unnecessary amputation, misdiagnosis, other medical mistreatment, etc.


As with every other state, medical malpractice laws in Maryland are established on the state level.
In other words, it is Maryland medical malpractice law that which defines what the courts consider medical malpractice law to be in Maryland.


In Maryland, to prevail in a med. mal. case, the plaintiff must prove that the healthcare professional who treated you breached, or violated, the established standard of care. A standard of care is the generally accepted procedures and practices used by medical professionals within the same geographic area when treating patients with a particular disease , illness, or disorder. The standard of care will vary depending on a number of factors, including the patient's age and medical condition, etc.


In addition to showing the healthcare professional breached the standard of care, the plaintiff must also prove the breach is what caused the injuries. A breach of standard of care can happen at a number of different points during treatment, including among many others:
   * Misdiagnosing or failing to diagnose a problem;
   * Failing to administer treatment properly;
   * Prescribing the wrong medication for an illness; and
   * failing to inform a patient about the risks of treatment.


It is important to note that in Maryland a medical malpractice claim must be filed within 5 years from the date that the healthcare professional allegedly committed the malpractice and caused the injury, or within 3 years from when the injury was discovered, whichever happens sooner.


[The contents of this blog are for informational purposes only, and are not intended to be legal advice.]