Baltimore Medical Malpractice Cases: Liability & Damages
Establishing liability in medical malpractice suits in Baltimore is vital to the gross calculation of estimated damages. It can be a complicated process in determining what is owed and to whom, and the Baltimore court system can be equally confusing. A Baltimore medical malpractice lawyer is crucial in helping you comprehend the magnitude of the case, as well as assisting you in crafting the most effective argument.
Medical Malpractice Liability in Baltimore
Liability is the term that is used to describe fault. When a person initiates a medical malpractice claim in Baltimore, they are designated as a plaintiff. The plaintiff bears the burden of proving the medical professional was negligent in performing his/her duties.
The Plaintiff must also establish that the breach of duty has caused him/her some discernible injury. Usually, doctors and hospitals dispute liability fiercely and do everything in their power to avoid being culpable.
Implications of Medical Consent Forms
Typically, any person who engages a medical professional has to sign a lot of paperwork. Sometimes that paperwork includes certain waivers against certain known or potentially unknown side effects of either medical procedures or medications.
In malpractice claims an attorney represents an injured persons who have been injured as a result of malpractices that go above and beyond any known or unknown side effects. A medical malpractice claim is a claim based upon some negligent act of a healthcare professional, but in the majority of circumstances, the paperwork that is signed by the patient is not applicable to the issue that actually gives rise to the medical malpractice claim. Anyone who believes that they are a victim of medical malpractice should not be dissuaded from contacting a medical malpractice attorney in Baltimore in order to investigate their claims simply because they have signed lot of paperwork at the doctor’s office.
Liability Complexities in Baltimore
Liability is complicated in medical malpractice claims for any number of reasons. First, the practice of medicine is not always an exact science. There is a lot of leeway that is afforded to medical professionals in their practice simply because of the complexity of their practice and the nature of their work.
Additionally, legally establishing a requisite standard of care in certain circumstances can be difficult. Medical professionals are held in the highest regard and are respected for their work. As such, jurors can be skeptical of whether a medical professional could have or should have done something different in their work that could have prevented the malpractice from occurring.
While the person who has been injured by medical malpractice may believe very strongly in their claim and that the issue is simple and straightforward, establishing that malpractice claim in front of a jury in Baltimore can often be difficult for a number of reasons.
Medical Malpractice Damages
Damages are calculated in a number of ways. There are economic damages that result from medical malpractice which are typically some form of medical treatment, lost time from work as well as pain and suffering, a diminished life expectancy or an inability to work as a result of medical malpractice.
Baltimore Misdiagnosis Liability Cases
In a misdiagnosis case, the focus on establishing liability is on the applicable standard of care. This means that in a typical situation, a patient will present to a medical professional with a certain set of symptoms or complaints. If the medical professional fails to act or acts in such a way that deviates from the standard of care, then that doctor has committed medical malpractice.
It is the deviation from the applicable standard of care that gives rise to malpractice claim. It is not a legal defense to a malpractice claim that they simply did not see or understand the symptoms that were presented by the patient. Failure to act does not immunize them from a claim.
Common Liability Misconceptions
One common misconception about liability is that liability is simple to establish. Unfortunately, liability can often be the most difficult issue to overcome. Many times, damages or injuries to a person are apparent and easy to establish through the use of expert testimony, but liability is often very difficult to prove because medical professionals are held in such a high regard and they have such a unique standard of care.