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Proving fault: Your medical malpractice case in Maryland

Did you know that if you file a medical malpractice case in Maryland, you'll be responsible for proving that your medical provider was negligent or at fault for your injuries? There are several ways to prove that a doctor was negligent, but you may need legal help to do so.

Negligence is typically the cause noted in medical malpractice cases. To establish the fact that your provider was negligent, you'll need to prove that the doctor was there at the time of the incident. You'll also need to show the typical standard of care and how your doctor deviated from it. For example, if the normal treatment for a painful abdomen is a CT scan to check your appendix and your doctor instead gave you acid reducing medication, that could be seen as a deviation from the typical standard of care.

You must be able to prove that there was a causal relationship between your doctor's actions and your personal injury. On top of that, of course, you need to be able to show that you were actually injured by the doctor's negligence.

To prove a doctor's negligence, you may need to have other professionals look at his or her work to determine if it was within the proper standard of care. In cases where medications or medical devices have hurt you, your medical provider could be held liable for not reading instructions for the use of medications or providing the incorrect dosages. If your doctor failed to warn you of all potential side effects, that could also be seen as negligence in court. Doctors are typically known as "learned intermediaries," which means that they have training and information to prescribe you the correct medication.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases" Sep. 24, 2014

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