After a routine surgery, you expected to wake up feeling better. Instead, you're facing life-changing complications. The medical staff assures you this outcome was unavoidable, but you can't shake the feeling that something went wrong.
When negligence leads to catastrophic injuries, Maryland medical malpractice law provides a pathway to justice. However, not every mistake or unwanted outcome qualifies as malpractice. The experienced Maryland medical negligence lawyers at Meyers, Rodbell & Rosenbaum are here to help patients understand their rights and prove there was a standard of care breach.
Defining Standard of Care in Maryland
In the medical field, "standard of care" refers to the level and type of care a reasonably competent health care provider would administer under the same or similar circumstances. It's a benchmark for measuring whether a provider acted appropriately.
Factors influencing the standard of care include:
- The patient's age, overall health, and medical history
- Specific symptoms presented and diagnostic tests conducted
- The provider's specialty, training, and experience level
- Accepted treatment protocols for the condition in question
Essentially, the standard of care reflects the medical community's consensus on appropriate treatment for a given scenario. While it allows for some variation in approach, it sets a baseline expectation.
Establishing a Breach in Standard of Care
A poor outcome alone doesn't mean medical malpractice occurred. To prove negligence, you must show the provider deviated from the recognized standard of care.
Common examples of standard of care breaches include:
- Failing to order appropriate diagnostic tests based on symptoms
- Misinterpreting lab results or imaging scans
- Disregarding a patient's known drug allergies or risk factors
- Performing a procedure without proper training or supervision
- Neglecting to monitor a patient post-treatment
Proving a standard of care breach requires more than speculation. You need evidence showing the provider's actions were inconsistent with what a reasonably prudent professional would do. Evidence might involve medical records, clinical guidelines, or hospital policy manuals.
The Importance of Expert Testimony
Maryland law requires a qualified medical expert to define the applicable standard of care and explain how the defendant provider breached it. This expert must:
- Practice in a field related to the alleged malpractice
- Have clinical experience and training similar to the defendant
- Be board-certified, if the defendant holds board certification
- Devote no more than 20% of their professional time to serving as an expert witness
The expert reviews the evidence, offers an opinion on the standard of care, and explains how the provider's conduct fell short. Their testimony educates the judge or jury on medical issues outside common knowledge.
Case Examples: Successful Standard of Care Arguments
The following hypothetical cases illustrate how experienced medical malpractice lawyers can build compelling arguments for standard of care breaches:
Case 1: Misdiagnosis of Spinal Epidural Abscess
A client presented to the ER with severe back pain, fever, and neurological symptoms. The doctor diagnosed a muscle strain without ordering diagnostic imaging. Days later, the client was paralyzed due to an untreated epidural abscess compressing his spinal cord.
Attorneys may argue that the standard of care required an MRI given the red flag symptoms. Expert testimony can show that the doctor breached the standard of care by failing to investigate a potentially serious condition.
Case 2: Surgical Negligence During Gallbladder Removal
During a routine laparoscopic cholecystectomy (gallbladder removal), the surgeon misidentified the common bile duct, cutting it instead of the cystic duct. This error went unnoticed until the patient developed life-threatening complications.
Experts can testify that correctly identifying anatomical structures is a fundamental expectation in surgery. This demonstrates that the error fell below the standard of care and caused substantial harm.
How a Maryland Medical Negligence Lawyer Can Help
If you suspect medical negligence or a standard of care breach caused your injuries, consult an experienced Maryland medical malpractice attorney. Building a strong case requires a deep understanding of legal standards and medical issues.
At Meyers, Rodbell & Rosenbaum, we have a track record of success in medical malpractice claims. We work closely with respected medical experts to establish a breach of the standard of care and fight for the compensation you deserve.