A patient who suffers physical, emotional, or financial injuries due to the negligence of a hospital worker or medical professional may file a Maryland medical malpractice lawsuit against the entity or individual. Medical professionals include doctors, nurses, nursing assistants, physician’s assistants, and all other healthcare workers.
A medical professional’s injurious, negligent act or omission can lead to a medical malpractice lawsuit. Most frequently, these lawsuits stem from negligent health management, diagnostic or treatment errors, or inadequate aftercare. Some common examples of medical malpractice include failures to diagnose or misdiagnosis, misread or fabricated laboratory results, unnecessary surgery, surgical errors, early discharges, and disregarding patient history and concerns.
To establish a medical malpractice claim, a victim must prove four distinct elements. First, the plaintiff must be able to prove that the medical professional violated their standard of care. Certain standards are considered appropriate by the medical community at large. When a medical professional violates this standard of care, then legal negligence may be established. Next, the victim must be able to prove that they suffered an injury due to the defendant’s negligence. To do so, a plaintiff must show that their injury would not have occurred but for the actions of the healthcare worker. A plaintiff must also prove that the defendant’s actions were the proximate cause of their injury. Finally, the victim must be able to prove that the harm caused them significant damages. Significant damages encompass things such as, disability, unusual or significant pain, suffering, hardship, and costly medical bills.