What if you caused your Maryland medical malpractice injury? The answer to this question can have drastic consequences on a Maryland medical malpractice case. As a matter of fact, the answer to this question can have drastic consequences on any Maryland injury case, with the reason being because of contributory negligence.
With the tragic injuries and deaths unfolding in other states in which people on social media voice opinions in both directions (some people saying that the injury or death to a person is the person’s fault vs. some people saying that the injury or death was caused by some other person or entity), it is important to understand where does Maryland stand regarding the issue mentioned in the title of the educational article.
WHAT ARE THE MARYLAND MEDICAL MALPRACTICE BASICS?
Before I go into depth regarding this issue, please remember that this article is based on Maryland law only! If you live in another state and are not bound by Maryland law, please know that this information may or may not be correct for your jurisdiction. You should speak with a lawyer in your jurisdiction for more clarity on this issue.
To be successful in a Maryland medical malpractice case, you must be able to prove essentially four basic elements. They are the following:
• DUTY • BREACH OF DUTY • CAUSATION • DAMAGES
If any one of these elements are absent from your case, you will not win. Taking matters a step further, in a Maryland medical malpractice case or a Maryland birth injury case, your lawyer will also be looking at whether the treating doctor fell below the standard of care, causing either your injury, or an injury to your baby.
WHAT IF YOU CAUSED YOUR MARYLAND MEDICAL MALPRACTICE INJURY?
Maryland is one of the few states which follow contributory negligence in injury cases. What contributory negligence essentially means is that if you are even 1% responsible for your injury, you will be barred from recovery. For this reason, medical malpractice, birth injury, and personal injury lawyers in Maryland will have to analyze your potential claim with this in mind.
So let us say for example that a woman finds a lump in her breast during a self-breast exam. She then goes to her primary care doctor with concerns over the lump. The primary care doctor does the proper work up and tells the patient that she needs to go in for a biopsy to get a better understanding of whether the lump is cancerous.
The patient for whatever reason does not ever get around to having the biopsy done. Years and years pass and the lump has gotten larger, causing the patient to go back to the doctor. However, this time she does decide to get the biopsy done and is told that she has breast cancer.
If this patient tries to sue the doctor for a possible breast cancer delayed diagnosis, do you see how contributory negligence can be argued? The other side is going to say that by failing to get the first scheduled biopsy the patient contributed to her injury.
DO YOU HAVE MORE QUESTIONS?
To speak with me further about your medical injury, or your baby's birth related injury this is what I invite you to do, and this next action costs nothing on your part.
Pick up the phone and give me a call.
I can be reached at 301-850-4832.
I answer Maryland birth injury questions like yours all the time and I would be happy to listen to your story.
Boston Law Group, LLC 2 Wisconsin Circle Suite 700 Chevy Chase, Maryland 20815
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