Starting a Medical Malpractice Claim with an Accident Lawyer in Annapolis

by | Jun 4, 2019 | Lawyers

In Maryland, medical malpractice occurs when a doctor provides a low standard of healthcare resulting in an injury. The issues are related to surgical injuries, providing the wrong medication or treatment, or even a birth injury. The exact circumstances of the injury define what type of medical malpractice is involved. An accident lawyer in Annapolis can help patients start a claim.

Finding the Origin of the Injury

The medical records indicate the exact origin of the injury and where the doctor wronged the patient. The attorney reviews the type of injury and determines what to do next. However, if the injury was a known risk related to the procedure and was disclosed to the patient, then the patient might not have a viable case.

Generating Substantial Evidentiary Support

Substantial evidentiary support is needed for the medical malpractice case. The medical records are only the first step. The attorney deposes each member of the medical staff that provided care to the patient or was present during the procedure. Any eyewitnesses accounts of wrongdoing can offer support for the patient’s claim.

Finding a Medical Witness to Substantiate the Claim

A medical witness is a doctor that holds the same credentials as the defendant. The witness must know the condition or injury identified in the patient’s medical files. To testify for the patient, the doctor must become familiar with the patient’s history and all treatments they received. Their testimony shows why the defendant is liable.

What Damages Are Possible with the Claim?

If the plaintiff wins, then the court awards economic damages that equate to any monetary losses incurred by the patient. Punitive damages are awarded to punish the doctor for wrongdoing. In the most severe of medical malpractice cases, the doctor loses their license. Non-economic damages are provided for pain and suffering.

In Maryland, medical malpractice occurs due to a failure to provide a duty to the patient. Surgical errors are a common reason for medical malpractice. When filing a claim, the attorney helps the patient collect evidence to support their claim. Patients who need assistance from an accident lawyer in Annapolis can contact the Jaklitsch Law Group for more info now.

Related Posts