In any lawsuit in which a patient alleges he or she suffered harm due to medical malpractice, the plaintiff must establish that the treating doctor breached the applicable standard of care. Simply because a patient suffers harm, however, does not mean that the doctor should be liable for negligence. This was discussed in a medical malpractice case recently decided by the United States District Court for the District of Maryland. The court found in favor of the defendant orthopedic surgeon. If you suffered harm during surgery, it is prudent to meet with a zealous Maryland malpractice attorney to discuss what you must prove to recover damages.
It is reported that the plaintiff underwent a carpal tunnel release surgery that was performed by an agent of the defendant. During the surgery, the defendant’s agent lacerated the plaintiff’s median nerve, causing her injuries. The plaintiff and her husband subsequently filed a medical malpractice lawsuit against the defendant. Following a bench trial, a verdict was issued in favor of the defendant. The plaintiff appealed.
Evidence Sufficient to Prove a Breach of the Standard of Care
Pursuant to Maryland law, a plaintiff seeking damages in a medical malpractice case must establish the standard of care required at the time the medical care was provided, a breach of the standard of care by the defendant, and an injury caused by the breach. Expert testimony is usually required to prove medical negligence. Continue Reading