The definition of medical malpractice is an act or omission by a health care provider that deviates from what is the accepted standards of practice in the medical community. This act or omission then causes injury to the patient. Medical malpractice is basically professional negligence by a health care professional that leads to an injury or complications on the part of the patient. Medical malpractice is a serious issue in Maryland hospitals and is a leading cause of wrongful death. Thousands of people suffer debilitating, life altering injuries or die from medical malpractice related injuries each year.
There are many different ways that someone can be seriously injured or even die as a result of medical malpractice. The following are several ways an individual can die due to medical malpractice:
- Surgical malpractice
- Medication errors
- Bacterial infections
- Birth injuries
- Dental malpractice
- Diagnosis error
- Wrong site surgery
- Emergency Room mistakes
- Elder abuse and Nursing Home neglect
The Parties
In a medical malpractice suit there is the plaintiff and the defendant. The plaintiff is the patient or the family of the patient while the defendant is the health care provider. For a case to meet the medical malpractice definition, the plaintiff must be able to prove their case. A person who alleges negligent medical malpractice (plaintiff/patient) must prove four elements:
- a duty of care was owed by the physician;
- the physician violated the applicable standard of care;
- the person suffered a compensable injury; and
- the injury was caused in fact and proximately caused by the substandard conduct.
- The burden of proving these elements is on the plaintiff in a malpractice lawsuit.
Physicians, as professionals, owe a duty of care to those who seek their treatment. This element is rarely an issue in malpractice litigation, because once a doctor agrees to treat a patient, he or she has a professional duty to provide competent care. More important is that the plaintiff must show some actual, compensable injury that is the result of the alleged negligent care. Proof of injury can include the physical effects of the treatment performed by the physician, but it can also include emotional effects. The amount of compensation at issue is usually a highly contested part of the litigation.
Causation may also be a vigorously litigated issue because a physician may allege that the injuries were caused by physical factors unrelated to the allegedly negligent medical treatment, which is why it is in your best interest to consult with an attorney to find out what exactly your legal rights are.
Damages
The plaintiff’s damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.
Statute of limitations
There is only a limited time during which a medical malpractice lawsuit can be filed. These time limits are set by statute in a common law legal system. Although the statute of limitations for medical malpractice lawsuits in the state of Maryland is 5 years, if an injury is not detected immediately, the victim has 3 years from the date, which it is detected to file suit. For minors who suffer from a medical malpractice injury, the statute of limitations begins on their 11th birthday. Not only that, but minors 15 years old and younger who suffer a reproductive injury or one from a foreign object left in their body due to negligence, have the full statute of limitations filing period of 5 years, beginning on their 16th birthday, to file a claim. For wrongful death cases due to medical malpractice, the statute of limitations is 3 years.