Medical errors can happen even when a health care provider is acting with good intentions. However, not every mistake amounts to medical malpractice under Maryland law. The key question is whether the provider failed to meet the required standard of care and whether that failure caused the patient’s injury.
Under Maryland law, a health care provider is not liable just because a treatment produced a poor outcome. Instead, the patient must show that the care provided fell below the standard expected of a reasonably competent professional with similar training and experience under similar circumstances.
When can an error become malpractice?
A medical error may support a malpractice claim when the provider’s conduct falls below the applicable standard of care and causes harm. This could involve:
- A failure to properly diagnose a condition
- An incorrect treatment decision
- An avoidable surgical mistake
However, the error itself does not automatically establish liability. A patient must show that:
- The provider owed a duty of care
- The applicable standard was breached
- The breach caused the injury and resulting damages
Maryland courts recognize medical malpractice as a form of negligence. This means causation remains an important part of the claim.
How is medical malpractice proven?
Because determining the appropriate medical standard requires specialized knowledge, expert testimony is commonly needed. Maryland’s Health Care Malpractice Claims Act requires a qualified expert to attest to a departure from the applicable standard of care and that the departure was the proximate cause of the alleged injury.
If you believe a medical error caused you harm, reviewing your medical records and the circumstances surrounding your treatment can help determine whether the error may constitute malpractice. Speaking with a qualified legal practitioner can also help you understand your rights and the options available to you under Maryland law.