Medical Malpractice

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Frequently Asked Questions about Medical Malpractice

Q. What is medical malpractice?

A. Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient.

Q. Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

A. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.

Q. What should I do if a think I have a medical malpractice claim?

A. You should talk to a lawyer who specializes in such cases as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.

At some hospitals, 18-36% of patients may suffer harm from a medical mistake that causes injury or death.

Understanding Informed Consent

In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it means essentially that the patient has made a knowing decision about a medical treatment or procedure after a doctor or other health care professional discloses all the information a reasonably prudent medical provider would give to a patient regarding the risks involved in the proposed treatment or procedure. If the health care provider fails to obtain informed consent, the patient may have a legal claim for damages. An experienced medical malpractice attorney can help you determine whether you have a claim and represent your interests throughout the legal process.

Responsible Parties in Medical Malpractice Actions

Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities and others providing health care services, such as nursing homes. If you believe that you have been the victim of malpractice by any health care provider, do not delay in contacting an experienced medical malpractice attorney.

Proving Your Case - Causation

To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff's injury and that the doctor or other medical professional's negligence damaged the plaintiff. Proof of causation can be a difficult issue in a medical malpractice case. For one thing, the injuries generally involved in medical malpractice cases require specific medical training to understand, and the normal plaintiff may not know the cause of such injuries. It is important to contact an experienced medical malpractice attorney who can evaluate your situation and work with experts to prove causation.

Medical Malpractice Resource Links

Division of Quality Assurance
US Department of Health and Human Services. Links to National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.

National Patient Safety Foundation
This Web site Features information about patient safety.

US Agency for Health Care Research & Quality
Provides information and links about patient safety, tips for patients and other general health information.

Joint Commission for International Patient Safety
The Joint Commission promotes and provides for the delivery of safe, high-quality care through its standards, event database, programs and its National Patient Safety Goals.

American Board of Professional Liability Attorneys
The American Board of Professional Liability Attorneys (ABPLA) is accredited by the American Bar Association (ABA) to certify attorneys in the areas of medical malpractice, legal malpractice and accounting malpractice.

From Greenbelt Maryland, we serve the Maryland and District of Columbia metro area, including Montgomery, Prince George’s, Anne Arundel, Howard, Charles and Calvert counties.