Understanding The Four Requirements For A Medical Malpractice Lawsuit
When it comes to medical malpractice in the state of Maryland, there are four main requirements for a viable case. In other words, there are four things to prove for a health care provider’s actions to be deemed malpractice worthy of compensation in the eyes of the court. An experienced medical malpractice attorney will help you assess your injury – and the circumstances surrounding it – to determine the viability of your case.
The legal team at Schochor, Federico and Staton briefly outline these four requirements in this article and urge anyone who has been the victim of a preventable illness or injury to contact our attorneys.
The four requirements for a medical malpractice lawsuit
At the most basic level, a medical malpractice attorney is responsible for proving that their client underwent a medical procedure and was shown a substandard level of care that directly caused measurable and preventable injuries or death. We review each of these components in more detail below.
- Proof of A Duty to Act. In order to have a viable claim for medical malpractice, a victim must first prove that the health care provider had a duty to act on behalf of the patient. Essentially, this means a doctor-patient relationship. Physicians who offer informal “curbside” consultations may be exempt from malpractice claim because of an absence of the required duty to act.
- Proof of Negligent Care. All medical malpractice lawsuits boil down to whether the expected standard of care was provided. Standard of care refers to the expertise one can reasonably expect to receive from any physician with a similar level of training and experience. A substandard level of care is deemed negligence and paves the path for a viable malpractice case.
- Proof That Negligent Care Was The Direct Cause of The Injury. Proving that the healthcare provider in question made an error, or was negligent in his or her care towards you, is not enough to bring forth a medical malpractice lawsuit. You must also be able to prove that this negligence directly resulted in your injury or illness.
- Proof of Quantifiable Damages. Once a substandard level of care is proven to be the cause of your injuries, you need to prove that these injuries resulted in quantifiable damages. These damages can include past, current and future medical bills, loss of wages, the cost of current and future physical and occupational therapy services as well as physical pain, scarring, disfigurement and emotional damages.
If your injury meets these requirements and you are looking to bring a lawsuit against your medical provider, contact a qualified medical malpractice attorney to litigate on your behalf.
Schochor, Federico and Staton argue your case and secure your settlement
While fairly straightforward on paper, proving these four requirements can be a complex process. If you have been the victim of a preventable illness or injury, your first step toward justice is contacting an experienced malpractice attorney. Schochor, Federico and Staton have been successfully litigating for clients across Baltimore, Maryland and Washington D.C for over three decades. Call us today at 410-234-1000 to review your case and get started with your lawsuit.