Improper Treatment
People suffering from an injury or illness will typically turn to a physician to obtain an accurate diagnosis and appropriate care. Unfortunately, many doctors fail to provide suitable treatment, which typically not only results in a worsening of the patient’s underlying condition but may also cause additional harm. If you suffered damages due to improper treatment, you should speak to a lawyer to discuss your potential claims. The skillful Baltimore medical malpractice attorneys of Arfaa Law Group possess the means to gather the evidence needed to prove a physician should be held liable for injuries caused by the lack of competent care. We can assist you as you seek a positive legal outcome.
Harm Caused by Improper TreatmentUsually, when a doctor is asked to determine the best course of care for a patient, the doctor will first evaluate the patient’s current medical condition, and then will assess what treatment will be most beneficial by evaluating the patient’s medical history and the risks associated with any potential method of managing the patient’s health. If a care provider fails to complete a thorough analysis of any relevant factors, however, it can lead to improper treatment. For example, a doctor may fail to aggressively treat an illness such as cancer, which can allow the patient’s condition to worsen and may result in a diminished quality of life or shortened life span. In some instances, a doctor will suggest a procedure or medication that carries significant risks with little benefit in return, which can ultimately impair the patient’s health. Additionally, a person can suffer damages when a physician disregards the person’s symptoms and concerns and simply does not offer a patient any therapeutic options. Finally, a doctor can harm a patient by administering an appropriate treatment in an inappropriate manner.
Proving Liability in a Maryland Medical Malpractice CaseInjuries can occur when a doctor carelessly fails to provide a patient with the care that a competent physician would provide. As such, most medical malpractice lawsuits arising out of harm caused by inappropriate care allege a negligence claim against the doctor.
Under Maryland law, a patient arguing a doctor negligently committed malpractice must first show that the defendant doctor had a duty to provide care that met the applicable standard, which is care that a reasonable doctor practicing in the same specialty would render under the same set of facts. The patient must then show that the defendant doctor departed from the standard of care by failing to provide proper treatment. In the majority of cases, the patient will need to retain a medical expert who also practices in the same specialty as the defendant doctor to testify regarding the standard of care and to explain how the defendant doctor’s acts or deviated from the standard.
A patient seeking damages in a medical malpractice lawsuit must not only prove the defendant doctor breached the standard of care but must also show that the breach proximately caused his or her alleged harm. In other words, the patient must prove that he or she would not have suffered damages had the defendant provided care that met or exceeded the applicable standard. In many cases, the defendant doctor will argue that the patient’s harm was caused by a pre-existing condition or another factor, and not by the doctor’s care. As such, parties seeking to prove or disprove causation in medical malpractice cases typically must rely on expert opinions, and whichever party’s expert is more compelling will usually be successful.
A patient that is ultimately able to prove liability may recover the cost of any medical care needed because of the defendant doctor’s incompetence, compensation for lost wages, and damages for pain and suffering. If the patient was married when the harm occurred, the patient’s spouse might also be awarded compensation for the loss of companionship and services suffered due to the patient’s harm.
Meet with a Trusted Maryland AttorneyIf you were injured by improper medical treatment, you may be able to recover damages for your loss. The experienced Baltimore attorneys of Arfaa Law Group are dedicated to helping parties harmed by incompetent medical care seek compensation for their losses, and we will work tirelessly to help you seek a successful outcome. We regularly represent parties in Baltimore in medical malpractice cases. You can reach us at 410-889-1850 or via our online form to schedule a meeting.