Category: Personal Injury

 Medical malpractice is a distressing reality for many patients and families who place their trust in healthcare professionals. While doctors, nurses, and other medical practitioners strive to provide the best possible care, mistakes can happen. These mistakes can lead to devastating consequences for patients, particularly when they result in injury, long-term health issues, or even death. If you’re in Maryland and believe you or a loved one has suffered due to medical negligence, understanding the most common allegation in malpractice claims can help you determine the next steps for protecting your legal rights.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care in their field, causing harm to a patient. The standard of care refers to what a reasonably competent professional in the same field would have done under similar circumstances. To prove malpractice, it must be shown that the provider’s negligence directly caused injury or harm. This can include errors in diagnosis, treatment, aftercare, or health management.

The Most Common Allegation: Misdiagnosis or Delayed Diagnosis

In Maryland and across the country, the most frequent allegation in medical malpractice claims is misdiagnosis or delayed diagnosis. This type of claim arises when a healthcare provider fails to correctly identify a patient’s condition or takes an unreasonable amount of time to do so. The result is often delayed or inappropriate treatment, which can exacerbate the patient’s health issues or lead to unnecessary complications.

For instance, failing to diagnose cancer early can significantly reduce a patient’s chances of survival. Similarly, a misdiagnosis of a heart attack as a less severe condition could lead to catastrophic outcomes. These errors are particularly common in primary care settings and emergency rooms, where medical professionals often face pressure to make quick decisions with limited information.

Why Misdiagnosis Happens

Several factors contribute to misdiagnosis or delayed diagnosis. Common reasons include:

• Incomplete Patient History: A doctor may fail to gather or consider all relevant information about a patient’s medical history.
• Failure To Order Appropriate Tests: Some physicians might not order the necessary diagnostic tests or interpret the results incorrectly.
• Bias Or Assumptions: Cognitive biases, such as assuming a common condition instead of considering rarer possibilities, can lead to errors.
• Time Constraints: Overworked healthcare providers may not have sufficient time to thoroughly evaluate each patient.

Regardless of the cause, patients have a right to expect competent and attentive care. When this standard is not met, the consequences can be life-altering.

Other Common Allegations in Medical Malpractice Claims

While misdiagnosis is the most common allegation, it’s far from the only one. Other frequent claims include:

• Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving surgical instruments inside a patient’s body, can have severe consequences.
• Medication Errors: Incorrect prescriptions, dosages, or administration of medication can cause significant harm or even death.
• Birth Injuries: Negligence during childbirth can lead to injuries to both the mother and the baby, including conditions like cerebral palsy or Erb’s palsy.
• Failure To Treat: This occurs when a healthcare provider correctly diagnoses a condition but fails to offer timely or appropriate treatment.
• Anesthesia Errors: Mistakes in administering anesthesia can lead to brain damage, paralysis, or death.

Each of these claims has its own set of legal complexities, but the common thread is that the healthcare provider’s negligence resulted in harm to the patient.

The Impact of Misdiagnosis

The consequences of misdiagnosis or delayed diagnosis can be profound. Patients may endure unnecessary treatments, worsening conditions, or missed opportunities for effective interventions. In many cases, misdiagnosis leads to emotional distress, financial burdens, and loss of trust in the healthcare system.

For example, a patient with a misdiagnosed infection may suffer severe complications that could have been prevented with proper treatment. A cancer patient whose diagnosis was delayed might face more aggressive and less effective treatments due to disease progression. These outcomes not only affect the patient but also their families, who often struggle to cope with the financial and emotional toll of medical errors.

Proving Medical Malpractice in Maryland

In Maryland, proving medical malpractice requires demonstrating four key elements:

1. Duty Of Care: The healthcare provider had a duty to provide care consistent with accepted medical standards.
2. Breach Of Duty: The provider failed to meet this standard of care.
3. Causation: The provider’s breach directly caused the patient’s injury or harm.
4. Damages: The patient suffered quantifiable damages, such as medical expenses, lost wages, or pain and suffering, as a result of the negligence.

Expert testimony is often critical in establishing whether the standard of care was breached and how the breach caused harm. Maryland also has specific rules, such as requiring a Certificate of Merit from a qualified medical expert to support a malpractice claim.

Steps To Take If You Suspect Medical Malpractice

If you believe you’ve been a victim of medical malpractice in Maryland, it’s essential to act quickly. Medical malpractice cases are subject to a statute of limitations, meaning you have a limited time to file a claim. In Maryland, the general rule is that you must file within five years of the date the injury occurred or within three years of when the injury was discovered, whichever comes first.

Here are steps you can take to protect your rights:

1. Request Your Medical Records: These will provide crucial evidence about the care you received.
2. Document Everything: Keep detailed records of your symptoms, treatments, and any communication with healthcare providers.
3. Consult An Experienced Attorney: Medical malpractice cases are complex and require legal expertise to navigate successfully.

Maryland Medical Malpractice Lawyer

If you or a loved one has been harmed by medical negligence, you deserve answers and justice. The experienced attorneys at D’Amore Personal Injury Law, LLC can help you understand your rights and explore your options. Medical malpractice cases require careful investigation and skilled representation, and our team is here to support you every step of the way.

Contact D’Amore Personal Injury Law, LLC by calling (410) 846-0284 or contacting us online for a consultation. Let us help you hold negligent healthcare providers accountable and pursue the compensation you deserve.