Proving Medical Negligence in Baltimore
A Baltimore man won $3.9 million in a negligence case, according to an October 2014 report on Baltimore CBS. The man claimed he was left paralyzed from the mid-chest down because of the postoperative medical treatment he received. The 64-year-old man and his wife were awarded the damages after a weeklong jury trial.
According to the report, the man underwent successful spinal cord surgery at Saint Agnes Hospital in 2012. He claimed the neurosurgeon incorrectly restarted him on a blood pressure medication. The medication allegedly led to the man having a stroke in his spinal cord.
The defendant in the case, the neurosurgeon, argued the blood pressure medication did not lead to the stroke. Instead, he claimed it was a blood clot that led to the stroke. However, the man’s attorney counter-argued that the medical records did not support the neurosurgeon’s arguments.
The defendant and his attorneys were not available for comment at the time of the report. It is not known whether the defendant planned to appeal the verdict.
Medical Malpractice Involves Providing Substandard Care to a Patient in Baltimore
Medical malpractice is the failure on a medical professional’s part to provide standard care to a patient. Standard care does not mean top-notch medical care. It does not mean the medical professional has to be nice to the patient during treatment. Standard care means providing treatment that does not cause additional harm to the patient.
In Baltimore, every medical professional is required to provide treatment that does not cause additional harm. Additional harm is defined as another injury. For instance, if a medical professional treating a patient for a broken arm amputates the limb instead of placing it in a cast, that is an additional injury and not standard care.
A Plaintiff Must Prove That Medical Negligence Occurred
A patient is typically injured at the time he or she visits a medical professional. That is why the patient has the burden of proving medical negligence actually happened. Maryland has specific elements a patient must use as a guide when proving a malpractice case in court. The elements are:
- The medical professional had a legal duty to provide standard care to the patient. This means the medical professional was hired to treat the patient and not merely offer advice.
- The medical professional breached the legal duty by providing substandard care.
- The medical professional’s breach of legal duty was the reason the injury to the patient occurred.
- The patient is owed damages such as pain and suffering, lost wages, decreased income and medical bills.
Hassan, Hassan & Tuchman, PA are Your Baltimore Medical Malpractice Attorneys
You expected to be treated competently by a medical professional, not sustain further injury. You have the right to sue the medical professional who injured you. The at-fault party may want to settle. This means you do not have to go to court. You still need an attorney to make sure you receive a fair settlement. Whether you want to sue or settle your medical malpractice claim, contact us. We will represent you.