Medical malpractice rules and regulations protect patients from the consequences of negligence. State laws allow injured patients to collect damages from physicians, nurses, other certified health professionals and facilities, provided they have evidence to establish liability. While there are options to take legal action, the laws are complex. Successfully establishing liability for medical malpractice requires time, skill, and strong knowledge of the field.
When you suffer harm because a certified healthcare professional fails to provide the proper standard of care, you may be eligible for compensation. Speak with a diligent lawyer who has experience proving liability in Upper Marlboro medical malpractice claims to learn more.
Proving Liability in Medical Malpractice Cases
Establishing liability in medical malpractice cases requires proof of a doctor-patient relationship and evidence of harm due to the health professional’s failure to comply with the applicable standard of care. The claim must show that a breach occurred when the physician failed to meet the necessary standard of care. While the law does not require evidence that the violation was the sole cause of the injuries, there must be evidence that it was a direct cause.
Finally, the patient’s case must prove they sustained verifiable damages and losses due to the care they received from the negligent medical provider. An attorney well-versed in medical malpractice claims in Upper Marlboro could ensure the necessary elements are present to establish liability. If they find legitimate cause to move forward with the case, they could conduct a thorough investigation to gather crucial evidence and build a solid claim to recover damages from the at-fault party.
Informed Consent and Medical Malpractice
Informed consent is the collaboration between patients and medical providers, where they make decisions together regarding potential treatments for diseases and illnesses. According to the 38 Code of Federal Regulations § 17.32, health professionals are prohibited from providing treatment without the patient’s consent in nonemergency situations. Furthermore, the treating physician must provide pertinent information, such as the potential side effects of the treatment, before the patient gives consent so that they can make an informed decision.
Maryland law stipulates that only mentally competent adults can legally give informed consent, allowing the provider to move forward with treating them for their ailment. The legislation also directs that medical professionals can provide suggestions to patients without coercing them into undergoing procedures or treatments. To prove liability in Upper Marlboro, a medical malpractice claim must argue that the patient would have refused the treatment or procedure had the doctor informed them of the risks that ultimately caused them harm.
Reach Out to an Experienced Upper Marlboro Attorney About Liability in Medical Malpractice Claims
In addition to proving damages, you must also establish that the treating healthcare provider is liable for your injuries and losses because they breached the acceptable standard of care. A knowledgeable attorney at Price Benowitz could answer all your questions about liability in Upper Marlboro medical malpractice claims and help determine the viability of your case. Call today to discuss your legal options.
