Professional attorneys preferably handle personal injury law cases, particularly those involving medical malpractice in Baltimore. Medical malpractice is a form of personal injury claim where the victim can file a lawsuit against the medical practitioner for his medical negligence in the conduct of the treatment.
In the case of medical malpractice lawyers in Baltimore, there are certain things you will need to prove so that your case is backed up on solid ground. This article will guide you through details on a medical malpractice case.
Eligibility for a medical malpractice case
You can have a medical malpractice claim if the health care professional has not provided you with the appropriate treatment. He has left taking the desired action to subside your illness or has either given a substandard treatment, leading to side effects on your health. Deviations from the proper standard of treatment that lead to damaging consequences will result in medical malpractice suits against the doctors.
In case of harm, injury, or death of a patient, a medical malpractice case is filed against the practitioner through attorneys. Wrong diagnosis or wrong medication, any medical error on the part of the medical personnel will lead to a malpractice case against him.
Parties involving a medical malpractice case
Plaintiff: the person who files the medical malpractice case. He can be the patient or another person acting as the legally designated person on his behalf. In cases where the patient dies, the administrator or executor of the patient’s estate serves as the lawsuit’s plaintiff.
Defendant: the party sued in the case. In malpractice cases, the doctor, nurse, midwife, or therapist is the defendant liable for their negligent acts during their course of duty.
The fact-finder: the one who decides on the malpractice lawsuit. This can be the judge or jury who works on the case.
The prevailing party: the party who wins the medical malpractice case. It can be either the plaintiff or the defendant. When the case favors the plaintiff, he receives his compensation. However, if the defendant prevails in the case, the plaintiff would not recover his loss.
The losing party: the party who loses the case.
Essential criteria for the malpractice case
The plaintiff must prove four elements composing his malpractice case to succeed the claim. These are as follows:
1. The duty was owned by the healthcare provider or the organization under which the medical practice was carried out.
2. The medical institute or the practitioner did not conform to the basic standard of care, implying the duty was breached.
3. The breach resulted in harm or injury to the plaintiff.
4. The medical professional’s negligence caused considerable damage to the plaintiff. The damage can be physical, financial, or emotional.
Recovery on damages in case of medical malpractice
Medical malpractice law helps the patients receive and recover their loss in compensation. The medical practitioner is legally responsible for any harm or injury received by the patient during his medical duty.
The plaintiff can receive compensatory or punitive damages. Compensatory damages include economic damages that assess medical and life care expenses losses. Punitive damages can be given to the plaintiff if the defendant is guilty of willful or malicious misconduct. It is an additional compensation along with actual damage recovery.