Malpractice Attorney in Baltimore: What is Medical Malpractice in Maryland?June 19, 2012
Medical malpractice is a highly technical form of negligence. In order to be successful in a negligence suit, an injured plaintiff must show four things: i) that the defendant had a duty of care to the plaintiff; ii) that the defendant failed to live up to that duty by action or inaction; iii) that the plaintiff suffered some injury; and iv) that the injury was a direct or proximate result of the defendant’s action or inaction.
You may be surprised to learn that the same basic formula applies to all negligence cases. However, while the standard of care in most negligence cases is simply that of an average person acting reasonably, medical malpractice cases require a complex and highly technical investigation of the procedure or treatment involved and the applicable professional medical standards. In order to be successful in a malpractice action, a plaintiff must prove that a doctor or medical professional acted outside the standards of the profession and in a way that a reasonable medical professional could not condone.
For these reasons, medical malpractice cases are highly complex. Plaintiffs must nearly always offer testimony from respected medical professionals to substantiate that the defendant acted negligently. While the framework is the same as a typical negligence case at its most basic level, medical malpractice cases are uniquely intricate. Attorneys in these cases must have a great deal of knowledge and experience regarding medical standards and procedures in order to effectively investigate and gather evidence. If you or a loved one has suffered due to medical malpractice, contact a skilled malpractice attorney in Baltimore at LeViness, Tolzman & Hamilton, P.A. for legal advice and assistance. Let us know how we can fight for you and help you get the compensation you deserve!