A Comprehensive Look At Patient Rights
Often misunderstood, it is important for individuals interacting with the Maryland healthcare system to have a general grasp on the concept of medical malpractice and their rights as a patient. Then, it is possible to be aware of situations where there is documentation to support a malpractice claim.
It is normal for harmed individuals to want justice. Talk to a Baltimore personal injury lawyer about harm suffered in a healthcare facility in order to review your compensation options.
What is Medical Malpractice in Maryland?
The word malpractice is sometimes used casually to describe any unsatisfactory medical outcome, but not all unfavorable results or medical errors constitute malpractice. For instance, a bad reaction to a correctly administered medication or a failed surgery despite proper procedures does not automatically imply malpractice.
Medical malpractice occurs when there is a negligent act or omission on the part of the medical professional or healthcare team, leading to patient harm. There are different scenarios that can lead to a malpractice claim. For example, negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.
In the state of Maryland, medical malpractice is specifically defined and regulated by state laws to ensure that patients are protected and have a pathway to seek redress. For a person’s claim to qualify as medical malpractice, there are four crucial elements that must be proven.
- Duty of care. There needs to be evidence that the healthcare provider owed a duty to the patient.
- Breach of duty. Clear documentation that a provider breached this duty by failing to adhere to the accepted standard of care.
- Causation. Evidence that the breach of duty caused injury to the patient.
- Damages. The patient suffered damages (physical, emotional, or financial) as a result.
Seasoned attorneys are able to review the documentation you have, listen compassionately to your situation, and inform you if your medical malpractice claim is viable.
When Can a Patient Access Compensation?
Accessing compensation for malpractice involves a multi-step process. It begins with the filing of a claim. The injured patient must file a claim within the statute of limitations, which in Maryland is generally five years from the date of the incident or three years from the date the injury was discovered, whichever is earlier.
Next, a certificate of merit is required, meaning a qualified medical expert will need to attest that the care provided deviated from the accepted standards and resulted in harm. Once a merit certificate is in place the parties involved engage in a pre-litigation mediation process, which is often a way to resolve the dispute without going to court.
Given the intricacies of medical malpractice law, having an experienced Baltimore personal injury lawyer on your side is key to supporting your objectives. An attorney specializing in medical malpractice can handle filings, mediation, and court proceedings with expertise and care.
Do you have a legitimate malpractice claim? The qualified legal team at Iamele & Iamele, LLP can guide you through the process of exercising your rights. Contact us to book your confidential appointment.
