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What is Medical Malpractice?

Medical malpractice is when a healthcare provider is negligent and breaches the “standard of care” in treating you properly. “Standard of care” is defined as providing treatment that a reasonably competent healthcare provider with similar qualifications would administer under similar circumstances. If a healthcare provider is negligent with their care and it results in injuring the patient, the patient may have a case to file a medical malpractice lawsuit.

When it comes to the law and filing a lawsuit against your healthcare provider, medical malpractice claims can quickly become complicated. We encourage you to take great care when choosing a personal injury attorney to review and handle your medical malpractice case. Please also note that Maryland law sets statutory deadlines for filing medical malpractice claims, so it is imperative that you reach out to a trusted personal injury attorney as soon as possible.


What is considered medical malpractice?

  • Patient did not consent – In the United States, healthcare providers are required to fully inform and receive consent from the patient or their designated guardian before administering treatment. If they did not give consent, this can be considered a form of medical malpractice.
  • Surgical errors – Even the smallest of surgeries requires an experienced healthcare professional and the utmost care. If a healthcare professional makes an error during any surgical procedure that could have been reasonably avoided, this is considered medical malpractice.
  • Treatment or dosage errors – Healthcare professionals have a duty to ensure the patient’s safety and proper treatment by administering the right drugs, at the right time and amount, and inform the patient of the potential for any possible dangerous interactions. If a healthcare provider fails to treat the patient in a timely manner, provides the incorrect dosage or directions for the patient’s medication, or the wrong prescription altogether, they have been negligent with their care.
  • Misdiagnosis – The healthcare provider has a responsibility to take the proper steps to consider serious medical conditions when symptoms are presented. If the patient is misdiagnosed with the wrong medical problem and it resulted in further medical procedures, time, and money, this is considered negligent on the behalf of the healthcare provider.
  • Failure to diagnose – If a healthcare provider overlooked some or all of the patient’s symptoms, to the point that a diagnosis would have been made by another doctor, this is considered negligent.
  • Birth injuries – When a baby is harmed in the birthing process due to negligence of the healthcare professional, there can be a case for medical malpractice. This is especially true if the baby’s injury causes lifelong consequences or, in the worst case, death.
  • Anesthesia mistakes – Anesthesia is a serious matter that requires significant skill and attention. If a medical professional provides the wrong dosage of anesthesia, it is considered negligent.
  • Premature discharge – The law considers prematurely discharging a patient as a form of medical malpractice. The healthcare provider has a responsibility to ensure the patient’s safety and proper recovery. If the patient can reasonably argue that further treatment would have been beneficial, they may have a medical malpractice case.


What To Do In Case of Medical Malpractice

If you believe you received negligent care and have fallen victim to medical malpractice, the first step you should take is to contact a trusted, personal injury attorney as soon as possible. Maryland law sets statutory deadlines for filing medical malpractice claims, so prompt action can be crucial when it comes to locating key evidence and witnesses.

When choosing a personal injury attorney, you will want to make sure that the attorney has experience in handling medical malpractice cases. If you are unsure what questions to ask, refer to our blog post on 7 Questions to Ask Before Hiring a Personal Injury Attorney.

At Holzman & Associates, LLC, our accomplished lawyers handle medical malpractice cases and lawsuits involving negligent care. We understand what it takes to uphold your rights in a medical malpractice lawsuit and are ready to take your case to court if need be. Regardless of how your case is handled, we’ll provide an honest assessment of what the outcome of a trial might be so you can carefully consider any settlement offers.

For more than 75 years, Holzman & Associates, LLC has obtained substantial verdicts and settlements for injury victims throughout Maryland. Ask around about us! If you believe you are entitled to compensation, contact us at 410-539-4222 for your free consultation.


Recommended Next Reads:

6 Steps for Choosing the Best Personal Injury Attorney for You

7 Questions to Ask Before Hiring a Personal Injury Attorney

In a free initial consultation, we’ll go over the facts of your case and identify any parties that might be responsible for the injury. 


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