Yes, negligence can be considered medical malpractice, and it can be just as damaging as any other kind of medical error. A Baltimore medical malpractice lawyer can determine whether you are a victim of medical negligence and, if so, how you can hold your healthcare provider accountable.
How Is Negligence a Form of Medical Malpractice?
You rely on your doctor to take all necessary and appropriate actions to keep you healthy. That is their duty toward you as their patient. They may breach that duty in one of two ways: by choosing to take an action that may cause you harm or failing to take action (negligence).
This is why negligence can be considered medical malpractice in Baltimore: because negligence, by definition, means that the doctor has failed in their responsibility to provide adequate care to patients.
Examples of Medical Negligence
Below is an incomplete list of the ways a medical professional may be negligent:
- Not listening to your concerns or dismissing your complaints as “all in your head” (or similar language)
- Failing to provide you with all of the information you need to make an informed decision or provide informed consent
- Not responding when you call or email with questions
- Not ordering appropriate diagnostic tests or failing to give the test results due consideration
- Failing to follow up with you after a medical treatment
- Forgetting to perform basic checks or tasks, like sterilizing their equipment or coordinating care with your other providers
Such negligent acts may result in a medical misdiagnosis, receiving improper care, or receiving no care.
Who Is Responsible for Medical Negligence?
Any medical professional responsible for your welfare can be negligent if they fail to care for you properly. This includes:
- Primary care providers
- Surgeons
- Dentists and dental hygienists
- Physician’s assistants
- Nurses
- Specialists (e.g., urologists)
- OB/GYNs
- Anesthesiologists
- Other health care providers
If the institution that the negligent practitioner works for encouraged or ignored a neglectful environment, they, too, may be accountable for any malpractice injuries that happen as a result.
When Is Negligence Not Considered Malpractice in Baltimore?
One of the only circumstances under which negligence does not count as malpractice is if the negligence had no impact on your health. For instance, maybe your doctor did not follow up with you after a treatment, but you were recovering well and did not have any issues that would have required a doctor’s advice or intervention anyway.
In such a case, the doctor still behaved irresponsibly, but since you did not suffer because of it, you do not have the right to expect financial compensation from them.
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(888) 585-2188
What Are the Consequences of Medical Negligence?
The consequences of negligence depend on the specifics of your case. As mentioned above, the negligence may not affect you. However, medical negligence can lead to:
- Your condition getting more painful and debilitating when it could have been treated
- The development of a new condition that should have been avoided
- A threat to your life, if the negligence leads to a potentially fatal complication or condition
- Your having to spend more time and money on medical care than you should have
- Your having to take more time away from work or no longer being able to work
- A loss of quality of life, if the negligence-related injury prevents you from enjoying hobbies, spending time with friends, or doing all the things you did before
What Can Baltimore Residents Do About Medical Negligence?
The law protects patients against negligent healthcare professionals in two ways. First, it sets high standards for providers. For example, Code of Maryland Regulations 10.32.01.03 lists the many qualifications a medical provider must meet before receiving a license.
The second way Maryland protects patients is by allowing them to take legal action against their provider. A medical malpractice lawsuit can hold a doctor accountable, and the patient receives compensation to help them rebuild after the malpractice injury.
Your compensation may include the following economic and non-economic damages and more:
- Medical bills
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
- Wrongful death damages, if you lost a loved one due to medical negligence
Getting Help From a Medical Malpractice Attorney in Baltimore
If you want to file a legal action against the responsible party, a personal injury law firm serving Baltimore can help you by:
- Assessing your case at no cost or obligation to you
- Proving you have a valid malpractice case
- Collecting evidence that supports your medical malpractice claim
- Negotiating with your doctor’s insurance company for fair compensation
- Keeping you updated and offering legal advice
- Charging attorney’s fees only after they have recovered money for you
- Dealing with all of the day-to-day legal tasks your case requires, including paperwork and communicating with all involved parties
There Is a Time Limit for Holding a Medical Provider Accountable for Negligence
While you should not rush through selecting a lawyer and weighing your legal options, you have a limited time to begin a medical malpractice lawsuit. Under the statute of limitations found in Maryland Courts & Judicial Proceedings Code Section 5-109, you only have five years from the date of your injury or three years from the date you discovered your injury to seek compensation.
The more time you give your personal injury lawyer to plan and fight your case, the easier it may be for you to seek the financial compensation you and your family need.
Letting a Malpractice Attorney Handle Your Baltimore Case
Realizing you are a medical malpractice victim and it will impact your life significantly can be very difficult to process. You deserve to spend time with your family in peace while determining what to do next.
A medical malpractice attorney can give you this chance. Your personal injury lawyer will handle your case professionally and efficiently, so you can pursue compensation from your negligent doctor without putting your health at further risk.
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Our Medical Malpractice Team Serves Baltimore Residents Like You
Jenner Law has more than 35 years of experience in providing legal representation for the people of Baltimore through insurance claims and personal injury lawsuits, and we have recovered hundreds of millions of dollars on their behalf. Our track record includes successes in many negligence cases, which can be considered medical malpractice and may entitle you to damages.
Contact us today for a free consultation and the personalized attention you deserve.
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