When a patient places their trust in medical professionals, they expect a certain standard of care. Medical malpractice occurs when a healthcare provider's action or inaction deviates from this standard and this leads to harm for a patient. If you believe you have been a victim of medical malpractice, be sure to contact a Baltimore, MD medical malpractice lawyer as soon as possible to ensure your rights are protected.
From a Medical Malpractice Lawyer in Baltimore, MD: The Process of Securing Compensation
Establishing the Elements of Malpractice
A successful medical malpractice claim rests upon proving the four foundational elements of negligence. Firstly, you must demonstrate that a duty of care existed between you and the healthcare provider. This is usually the easiest element to prove, as a doctor-patient relationship inherently establishes such a duty.
Secondly, it's necessary to prove that the healthcare provider breached this duty by failing to meet the expected standard of care. Thirdly, you must show that this breach directly caused your injury. Finally, you must be able to establish that you suffered actual damages because of this breach of duty and the injury you sustained.
Initial Consultation and Legal Guidance
Your first step should be to consult with an experienced Baltimore, MD medical malpractice lawyer as soon as you suspect you might have a case. An attorney will help you assess whether all elements of negligence are likely present, discuss the applicable statute of limitations, and outline the legal options available to you.
Your attorney is an essential piece in this puzzle, helping you understand your rights, understand and follow all legal procedures, negotiate on your behalf, and maximize your chances of a successful outcome. For more information, click here.
Filing the Lawsuit and Pre-Trial
Once your attorney determines you have a strong case, the next stage is filing a formal complaint with the court. This document outlines your allegations of malpractice, the injuries incurred, and the compensation you're seeking. The healthcare provider then has the opportunity to respond, and most often they do this by denying the allegations.
A period of discovery follows where both sides exchange information, request documents, conduct interviews, and take depositions from key witnesses. Your attorney might explore the possibility of reaching a settlement with the defendant's insurance company during this phase. If all attempts at settling the case fail, it will likely proceed to trial.
Trial
At trial, a judge or jury will carefully consider the evidence presented by both your legal team and the defendant's attorneys. You may be required to testify about your medical experience and the impact of the malpractice on your life. Medical experts are also important here, as they can explain the standard of care and illustrate how the defendant deviated from that standard. If the court finds in your favor, a verdict of medical malpractice will be established. You may then be awarded compensation to address your various losses.
This is just a general outline of what to expect. For more details, talk to an experienced lawyer right away.