Liability in Montgomery County Medical Malpractice Cases
Maryland and D.C. follows the rules of contributory negligence when determining liability. In order for a doctor to be found negligent, the patient cannot be found contributorily negligent. Therefore, if the doctor is found to have breached the standard of care, did that breach cause any injury or damages. If so, then the doctor would be liable. The claimant has the burden of proof to show that the health care professional was liable by proving that the doctor violated the standard of care.
Proving liability in Montgomery County medical malpractice cases could be difficult and complicated with legal help. An experienced medical malpractice attorney could evaluate your claim, calculate your damages, and help you hold negligent medical professionals accountable for their actions.
Liability In Malpractice Cases
A doctor has a duty to adhere to the standard of care when diagnosing and treating a patient. While a doctor is not required to make a correct diagnosis every time, they are required to rule out potentially life-threatening diagnoses. For example, if a doctor should suspect a diagnosis and does not explore that or “rule it out” and a patient then suffered injuries from that misdiagnosis, then they can be liable.
While factors are not thought to be insensible, depending on this specialty, a health care provider is charged with the duty to explore certain possibilities and diagnoses. Failure to explore a potentially life-threatening diagnosis is often the result of medical malpractice.
Understanding the Rules of Contributory Negligence In Montgomery County
Since there is the affirmative defense of contributory negligence in Maryland, the claimant also has a duty not to be negligent when signing a consent form. Patients cannot willingly bury their head in the sand and then claim they were not aware of any risks or complications, especially if that risk or complication was related to something that they should have relayed to their health care provider.
How Can This Be Proven?
Contributory negligence is explored during the discovery period. While much information is obtained by the medical records and depositions of the healthcare providers, the patient can be most helpful regarding what was relayed during the doctor-patient interaction.
To be contributorily negligent, there must be a duty to do something or disclose something. If a patient is unaware of that duty, he/she is arguably not negligent, but may still be considered as evidence.
Risk Of Signing a Consent Form
If the individual signed a “Consent to Procedure” and acknowledged known associated risks, does not mean they do not have a medical malpractice claim. Depending on the procedure and circumstances, they must be properly explained as well as any known alternatives. If a doctor failed to do this in accordance with the standard of care, then they may be found liable.
Schedule a Consultation with a Medical Malpractice Attorney Today
The most common misconception about liability and medical malpractice is that doctors are all-knowing or that they cannot make a mistake, when in fact even the best trained doctors can make an error and cause harm. If other health care providers practicing with the same training and experience would not have done a procedure a certain way or failed to diagnosis, then they could be liable for medical malpractice. A seasoned medical malpractice attorney could help you prove your case. Reach out today to learn about liability in Montgomery medical malpractice cases and how a skilled lawyer could help.
