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What Do You Have to Prove in a Medical Malpractice Case?

A medical malpractice lawyer Baltimore MD residents trust may tell you that one of the most common questions they are asked is what proof is required for a malpractice case. Because you must prove negligence in order to have a case, this question comes as no surprise to an experienced Baltimore MD malpractice lawyer. Certain elements of proof can be tricky. Here is a list of the things you may need to prove to win your case.

Doctor-Patient Relationship

Without a relationship involving you and the doctor, you have no case for medical malpractice. Any medical malpractice lawyer Baltimore MD patients turn to may tell you that this can be an easy factor to prove. In malpractice cases, malpractice often happens during a medical procedure or treatment.

Other medical professionals may also be held accountable for their actions while administering medical care. Nurses, lab technicians, and other medical professionals who are responsible for your wellbeing might also be held liable in a medical malpractice case.

Negligent Care

Your medical malpractice lawyer Baltimore MD resident counts on may tell you that proving negligence can be the most difficult part of the case. This is why so many patients may reach out for legal counsel.

Your medical malpractice lawyer in Baltimore MD would likely bring in witnesses and experts to discuss the medical standard of care and how your doctor failed to meet it.

The arguments for your case look at how your doctor behaved and provided care, compared to what an equally-qualified medical professional would have done for your situation. This may paint a picture that shows how your doctor is liable for improper care.

Negligence Caused Your Injury

Simply proving that your doctor didn’t meet the medical standard of care isn’t enough for a malpractice case. Your medical malpractice lawyer Baltimore MD residents trust may be able to help you build the next part of your case.

You may also have to show that the doctor’s actions, or failure to act, worsened your current condition or created a new problem or injury. The key is showing that the negligent actions caused the injury. This may be established by expert testimonies and by examining your medical history and records closely.

Damages

Finally, you have to show that the injury or medical problem that was caused by the doctor’s negligence was harmful to you. This may mean showing proof of medical bills and the lost income from work you were unable to do.

You may also recover pain and suffering damages as well, whether it’s physical suffering, psychological suffering, or both.

In terms of solid proof for medical malpractice, you have to prove that the evidence you are presenting is more likely than not to be true. How you file and establish a medical malpractice case may vary from state to state. The process can be complicated, so you may want to have a medical malpractice lawyer on your side.

A medical malpractice case can be tricky, but you don’t have to face it alone. Talk to a medical malpractice lawyer Baltimore MD can provide calling Cohen & Cohen at 301-350-1957 today.

Frequently Asked Questions About Baltimore Medical Malpractice Claims

You went into the hospital thinking that it would be an easy enough procedure and unfortunately are now in need of a reliable medical malpractice lawyer Baltimore, MD medical malpractice victims and their families recommend. You thought that you would stay a day or two, be released, and go home feeling a sense of relief. You anticipated healing and recovering in comfort and getting back to your regularly scheduled life as soon as possible. However, these hopes did not come to pass. Instead, you had a surprisingly bad outcome from your procedure. For reasons that you may or may not know, everything did not go according to plan and you ended up suffering more from the procedure itself that you would have from the injury or illness you were intending to treat.

If this situation sounds similar to your own, you may be considering filing a medical malpractice claim against your doctor with the help of a Baltimore, MD medical malpractice lawyer.. You may believe that your doctor failed to provide you adequate care and as a result of this, you are hurt, missing additional time from work, and watching your medical bills pile up on your kitchen table. Before filing your claim, consider these two frequently asked questions and answers about medical malpractice claims:

How do I know if my doctor committed malpractice? Medical malpractice is when a doctor or other medical professional acts negligently, injuring a patient. The exact definition of what constitutes “negligence” varies with the law of each state, but typically means that a doctor failed to meet what is called the “standard of care.” The “standard of care” does not require that a doctor treat a patient perfectly, but instead requires that a doctor treat a patient in accordance with commonly accepted medical standards. If you do not know whether your doctor violated the standard of care in your treatment, consider talking with a medical malpractice lawyer who is licensed to practice in Baltimore and throughout MD. They should be skilled at reviewing your medical records, analyzing the facts of your case, and, if necessary, having you seen by another doctor who can offer a professional opinion regarding the outcome of your treatment.
What kind of damages am I able to recover in a medical malpractice claim? The answer to this question again depends on the law of your state, but you will often be able to recover money for all of your medical treatment related to the injury caused by your physician. You will also likely be entitled to recover additional money as damages for any time that you were out of work due to your injuries, for any future medical costs required to treat your injuries, and potentially for the pain and suffering that you experienced.

Note, many states set a maximum amount of money plaintiffs are able to recover from their doctor for medical malpractice claims. These maximum amounts are called “caps, ” are set by state legislatures, and vary from state to state.This is one of the many reasons that it is important to seek guidance from a knowledgeable Baltimore medical malpractice lawyer who is licensed to help personal injury victims in Maryland.

Though the answers to the above questions may get you started on the right track, they are no substitute for legal advice from a medical malpractice lawyer in your area. Before pursuing a medical malpractice claim, strongly consider calling an experienced and respected medical malpractice lawyer in your area to discuss your claim.

For a highly rated medical malpractice lawyer Baltimore, MD victims of medical malpractice and their families can depend on, contact Cohen & Cohen for a free case evaluation any time of the day or night, any day of the year.

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My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
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June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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