Benefits of a Baltimore Medical Malpractice Lawyer
Medical malpractice is a term used to describe an injury that is caused by negligence of a medical professional. In Baltimore, the court system can be complicated in trying to get your medical malpractice case resolved. A Baltimore medical malpractice lawyer can help you build up the best argument for your case, as well as help you to understand the situation and the structure of the Baltimore courts.
Elements of Baltimore Medical Malpractice Cases
In Baltimore, a medical malpractice claim must first establish that the medical practitioner owed a duty of care to that particular patient. Initially, an injured person is required to present expert testimony in order to establish the necessary standard of care. Then, the injured person must establish the breach of the requisite standard of care. The injured person must also establish that he/she was injured as a direct result of the breach of standard of care. Finally, the injured person must establish that the injuries were caused by the breach of the standard of care.
Baltimore has quite a few hospitals that treat thousands of patients a year. Given the large city population and the rather large hospitals, it is not surprising to see medical malpractice claims occurring in Baltimore hospitals.
Common Forms of Medical Malpractice in Baltimore
Typically, the most common medical malpractice cases that we see are cases involving a delayed diagnosis or delayed treatments by medical professionals. These occur when a patient presents with certain symptoms, which would cause a competent medical professional to take certain action, be it a follow-up examination or referral to another type of doctor for further evaluation and ultimate treatment. Or, alternatively, order a certain course of treatment for the issue directly.
However, when the patient presents his/her symptoms and the medical professional fails to instruct the patient on the requisite next step, there is a delay in the ultimate diagnosis and/or treatment. This delay is crucial in most cases because the delay diminishes the patient’s ability to recover, which can cause serious injury or even death.
Mistakes vs. Medical Malpractice
Typically, a mistake is something that occurs even when the medical professional is utilizing the requisite standard of care.
Medical malpractice goes beyond a mere mistake because the medical professional fails to employ the requisite standard of care. Putting it another way, a mistake is unavoidable because of its very nature. Medical malpractice is avoidable and should have been avoided had the medical professional done what he/she is required to do. If you feel that you have been involved in a case of medical malpractice in Baltimore, a medical malpractice lawyer can help you.
Hiring an Attorney in Baltimore
Hiring an attorney for medical malpractice claims is important for number of reasons. First, medical malpractice claims are often very sophisticated and complex in investigating the claim and determining whether medical malpractice has occurred. It is important for a Baltimore medical malpractice attorney to be experienced in evaluating these claims and have the services of a physician, who will review each individual file and provide a cursory opinion regarding the applicable standard of care to be applied under the particular circumstance and whether or not the healthcare professional has breached that standard of care.
Role of a Lawyer in Medical Malpractice
An attorney is able to investigate the claims, apply his or her particular area of expertise to that individual claim. An attorney is able to review all of the pertinent medical records and determine whether or not the breach of the standard of care occurred. Medical professionals owe the highest standard of care to their patients. However, in some circumstances, the appropriate standard of care may not be readily apparent to a lay-person, who has not been involved in a medical malpractice claim previously.
Additionally, a Baltimore medical malpractice attorney will have the skill and expertise to evaluate the medical records in order to determine not only the applicable standard of care, but also whether or not there was a breach of that applicable standard of care and, more importantly, whether the breach caused the injury.
Advantages of Hiring an Attorney
Hiring an attorney provides an advantage because the patient is able to rely upon the attorney’s expertise and experience in handling the claim. Additionally, if the claim needs to be investigated by a medical professional, the Baltimore medical malpractice attorney will be able to facilitate this investigation and coordinate with the physician regarding any further preliminary investigation.
Importantly, the client is not required to pay for any of this investigation up-front. It is a cost and expense that the attorney will satisfy.