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Understanding How Medical Malpractice Cases Can be Proven


Although we can’t expect doctors and healthcare professionals to fix every malady we develop without fail 100 percent of the time, we can and should expect doctors to have a certain level of proficiency, professionalism, and skill. When a practicing physician fails to meet this standard of care and it results in an injury or death, the patient or the family of the deceased may seek damages for medical malpractice. If you or a loved one has suffered a life-altering injury or disease as a result of unsatisfactory medical care, consult with a medical malpractice attorney in Annapolis. Here’s a look at some of the ways your attorney can prove your case and help you or your family recover damages for a medical malpractice. medical malpractice attorney annapolis md

Medical Negligence

The majority of medical malpractice cases are won after establishing medical negligence. To find a medical professional negligent, your attorney must prove that the physician’s conduct fell below a generally accepted standard of medical care that resulted in injury or death. Medical malpractice lawyers will present the testimony of another medical expert qualified in the same area of medicine to establish the common level of care and prove that the defendant failed to meet this standard.

Negligent Prescription

Medical malpractice suits may also be brought against physicians and medical professionals for the negligent prescription of a medication or medical device. Prescribing physicians are considered “learned intermediaries,” which means that they are in the best position to determine whether a drug or device is appropriate for a patient based on their superior medical knowledge. Your medical malpractice lawyer must prove that the prescribing physician did not appropriately advice you or your loved one of the risks and side effects of a medication or medical device which led to injury, disease, or death.

Failure to Obtain Informed Consent

You may also have a medical malpractice claim if a physician failed to obtain “informed consent” before administering a procedure or treatment which caused injury to you or a loved one. Often, a malpractice claim based on failure to obtain informed consent is proven by simply showing that a physician or other medical provider did not obtain the patient’s written consent to proceed with a procedure or treatment that has documented risks and side effects.