Alpert Schreyer Personal Injury Lawyers | November 22, 2023 | Medical Malpractice
NOTE: This content is for informational purposes only. Alpert Schreyer Personal Injury Lawyers doesn’t handle medical malpractice cases. If you need assistance with another type of personal injury matter, our team is here to help.
When it comes to medical care, patients expect the highest standards of treatment and care from healthcare professionals. However, healthcare providers are human, and errors can occur. In Maryland, as in most states in the United States, patients have legal rights when they suffer harm due to substandard medical care. Two key legal terms often associated with medical errors are “medical negligence” and “medical malpractice.” Understanding the difference between these two concepts is crucial for those seeking compensation for injuries caused by healthcare providers in the state of Maryland.
Defining Medical Negligence and Medical Malpractice
Medical Negligence
Medical negligence is a broader term that encompasses a failure to exercise the level of care and skill that a reasonably competent medical professional would provide under similar circumstances. It refers to a deviation from the accepted standard of care. Negligence can occur at various stages of healthcare, from diagnosis to treatment to post-operative care.
For a patient to establish medical negligence in Maryland, they need to demonstrate four essential elements:
Duty: The healthcare provider owed a duty of care to the patient. This duty is usually established through the existence of a doctor-patient relationship.
Breach of Duty: The healthcare provider breached this duty by failing to provide care at the standard expected of a reasonably competent healthcare professional.
Causation: The patient must show that the breach of duty directly caused their injuries or damages.
Damages: The patient must have suffered actual harm, whether physical, emotional, or financial, due to the breach of duty.
Medical Malpractice
Medical malpractice, on the other hand, is a subset of medical negligence. It is a legal concept specifically associated with the negligence of healthcare professionals, including doctors, nurses, surgeons, and other medical practitioners. Medical malpractice claims often involve issues like surgical errors, misdiagnoses, prescription mistakes, and anesthesia errors.
In Maryland, medical malpractice claims must satisfy additional requirements, including:
A certificate of merit: Before a medical malpractice lawsuit can be filed, a qualified medical expert must review the case and provide a written certificate stating that the claim has merit. This expert must affirm that the healthcare provider breached the standard of care, which directly led to the patient’s injuries.
A statute of limitations: Maryland has a specific statute of limitations for medical malpractice cases. Typically, a patient must file a lawsuit within five years of the date of injury, or within three years of when the injury was discovered, whichever comes first. There are some exceptions for cases involving foreign objects left in the body.
Key Differences Between Medical Negligence and Medical Malpractice in Maryland
Scope: Medical negligence is a broader concept that encompasses all instances of substandard medical care, while medical malpractice specifically refers to the negligence of healthcare professionals.
Requirements: Medical malpractice claims have additional legal requirements in Maryland, such as the need for a certificate of merit and adherence to a specific statute of limitations.
Cases: Medical negligence cases may involve various healthcare providers, including non-medical staff like nurses or technicians. In contrast, medical malpractice cases focus on medical professionals like doctors and surgeons.
Seeking Legal Recourse in Maryland
Patients in Maryland who believe they have suffered harm due to substandard medical care must navigate the complexities of the legal system to seek compensation. It’s essential to consult with an experienced medical malpractice attorney who can help determine whether your case falls under medical negligence or medical malpractice and guide you through the legal process.
Understanding the difference between medical negligence and medical malpractice is vital for patients seeking compensation for injuries caused by healthcare providers in Maryland. Whether you’re a patient or a healthcare professional, knowing these distinctions can help you protect your rights and ensure accountability in the medical field. Medical negligence and medical malpractice laws are designed to ensure that patients receive the quality of care they deserve and that healthcare providers are held accountable for their actions or inactions.
How can a medical malpractice Lawyer help you if you have a case in Maryland?
If you or a loved one has experienced the devastating effects of medical malpractice in Maryland, you need dedicated and experienced legal representation. We understand the complexities and nuances of medical malpractice cases, and know you should seek help to get the compensation and justice you deserve.
Why Choose a Medical Malpractice Lawyer for Your Case
Knowledge and Experience: Legal teams comprise skilled and seasoned attorneys with extensive experience in handling medical malpractice cases in Maryland. They have a track record of success in this specialized area of law.
Comprehensive Knowledge of Maryland Laws: Maryland has specific legal requirements and procedures for medical malpractice claims. Attorneys are well-versed in these laws and will guide you through the process, ensuring you meet all the necessary requirements.
Medical Specialists: Collaborate with a network of medical professionals who can thoroughly evaluate your case. These authorities play a crucial role in determining whether the standard of care was breached, which is a vital element in a medical malpractice claim.
Thorough Investigation: Extensive investigation to collect all relevant evidence, including medical records, witness statements, and skilled opinions. Leaving no stone unturned in building a strong case on your behalf.
Personalized Attention: At Alpert Schreyer Injury Accident Lawyers, we understand that every medical malpractice case is unique. Attorneys provide personalized attention to your case, tailoring the legal strategy to your specific circumstances and needs.
Skilled Negotiators and Litigators: While striving to negotiate a fair settlement, they are also prepared to take your case to court if necessary. Skilled litigators are not afraid to fight for your rights in the courtroom.
No Fees Unless We Win: Some attorneys work on a contingency fee basis, which means you won’t pay us unless they secure compensation for you.
Your Path to Justice Starts Here
If you or your loved one has suffered due to medical malpractice in Maryland, you don’t have to face the legal battle alone. The dedicated attorneys are here to help you seek the compensation and closure you deserve. Contact a medical malpractice attorney today to schedule your consultation and take the first step towards achieving justice and holding those responsible for medical malpractice accountable.
Contact the Personal Injury Lawyers at Alpert Schreyer Personal Injury Lawyers in Maryland for Help Today
For more information, please contact Alpert Schreyer Personal Injury Lawyers to schedule a confidential consultation with a personal injury lawyer. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Charles County, Prince George County its surrounding areas. Visit our law offices at:
Alpert Schreyer Personal Injury Lawyers Waldorf
8 Post Office Rd Waldorf, MD 20602
(301) 932-9997
Available 24/7
Alpert Schreyer Personal Injury Lawyers Lanham
4600 Forbes Blvd Ste #200 Lanham, MD 20706
(301) 936-0011
Available 24/7