Maryland Medical Malpractice Lawyers | Do Doctors Have to be Perfect?August 1, 2013
One of the common misconceptions about medical malpractice is that any time patients do not get the outcome they were hoping for, medical malpractice has occurred. This is founded in a belief that medical practitioners are expected to be perfect — after all, a lot of people may have less-than-stellar job performance, but very few of us have jobs where our actions are a matter of life and death. Plus, in light of all the miracles of modern medicine we hear about every day, when things go wrong it is easy to conclude that your miracle-worker dropped the ball.
In truth, doctors are not expected to be perfect and can make mistakes without being held liable for them. Even if you feel your doctor should have known better, the law has its own way of determining whether a medical error constitutes malpractice: the Standard of Care rule.
Basically, the Standard of Care rule asks whether the medical professional lived up to the standards of the profession, rather than to a standard of perfection. Some of the questions to ask are:
- Would most professionals with similar training and experience have done anything different?
- Did the practitioner exhibit below-average prudence in making decisions?
- Were there circumstances that understandably affected the provider’s actions?
- Did the provider have less access to equipment or advanced technology than others might have (for instance, in a small, rural emergency facility)?
- Has the provider failed to keep up with current developments, knowledge and practices in the field?
The job of your Maryland medical malpractice lawyer is to prove that the provider did not just make a mistake, but made a mistake his or her peers would not have made in the same situation. Hiring a qualified legal representative can make all the difference in proving malpractice occurred, so carefully choose your attorney. Contact LeViness, Tolzman & Hamilton, P.A. today to speak to a skilled medical malpractice or personal injury lawyer.