Every medical malpractice claim involves negligence, but not every negligence claim involves medical malpractice. The legal standards, evidence, and procedural requirements for a malpractice case are significantly more demanding than those for an ordinary negligence claim, such as a car accident or a slip and fall.
If you believe a doctor, nurse, or hospital's error caused serious harm to you or someone you love, understanding whether your situation qualifies as medical malpractice is an important first step. Call SBWD Law today at (410) 685-2022 to talk through what happened with one of our experienced medical malpractice lawyers and find out how we can help.
Medical Malpractice Is a Specific Type of Negligence
Medical malpractice is best understood as a specialized subcategory of negligence law, one that applies specifically to healthcare providers and carries its own unique legal requirements.
What Is Negligence?
Negligence, in general legal terms, occurs when someone fails to exercise the level of care that a reasonably careful person would have exercised under similar circumstances, and that failure causes harm to another person. Negligence claims cover a wide range of situations, from car accidents to slip and fall incidents to defective products.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted professional standard of care within their field, and that failure causes injury to a patient. While medical malpractice is a form of negligence, it is evaluated against a much more specific and specialized standard than ordinary negligence claims.
The Main Difference: Professional Standard of Care
The key distinction between ordinary negligence and medical malpractice lies in the standard used to evaluate the defendant's conduct.
In a typical negligence case, a jury considers what an ordinary, reasonably careful person would have done in the same situation.
In a medical malpractice case, the question instead becomes what a reasonably skilled and careful healthcare provider, practicing in the same specialty and under similar circumstances, would have done.
This standard almost always requires expert medical testimony to establish, since jurors generally do not have the specialized medical knowledge needed to evaluate a provider's clinical decisions on their own.
Examples of Ordinary Negligence vs. Medical Malpractice
Negligence comes in many forms across a broad spectrum of cases.
Car Accident Negligence
A driver who runs a red light and causes a collision has failed to meet the ordinary standard of care expected of any reasonable driver. This is a straightforward negligence claim, evaluated against common sense expectations rather than any specialized professional standard.
Premises Liability Negligence
A store owner who fails to clean up a spill within a reasonable amount of time, resulting in a customer's fall, has similarly failed to meet an ordinary standard of care. Like a car accident case, this type of claim does not typically require expert testimony to establish what a reasonable property owner should have done.
Misdiagnosis, Surgical Error, and Medication Mistakes
By contrast, a physician who misses an obvious diagnostic sign, a surgeon who leaves an instrument inside a patient, or a hospital that administers the wrong medication dosage are all potential examples of medical malpractice. These situations require evaluating the provider's conduct against what a similarly trained and experienced medical professional would have done, which is why expert testimony becomes essential to proving the claim.
What Must Be Proven in a Medical Malpractice Case?
To succeed in a medical malpractice case, a patient generally must prove that a doctor-patient relationship existed, establishing that the provider owed a duty of care, that the provider breached the applicable standard of care for their specialty, that the breach directly caused the patient's injury, and that the patient suffered actual damages as a result. Each of these elements typically requires supporting evidence, and the breach of standard of care element in particular almost always requires expert testimony from a qualified medical professional in the same field.
Why Medical Malpractice Claims Are More Complicated
Medical malpractice cases tend to be significantly more complex than typical negligence claims for several reasons. Medical records and treatment histories are often voluminous and highly technical, requiring careful review by both attorneys and medical experts. Establishing the applicable standard of care requires qualified expert witnesses who can speak credibly to what a similarly situated provider should have done. Hospitals and insurance companies also tend to defend these claims aggressively, given the reputational and financial stakes involved, which means building a thorough, well supported case from the outset is essential.
Maryland Deadlines and Expert Requirements Matter
Maryland imposes specific procedural requirements on medical malpractice claims that do not apply to ordinary negligence cases. Under Maryland Courts and Judicial Proceedings Section 5-109, medical malpractice claims generally must be filed within five years of the date the injury was committed or three years from the date the injury was discovered, whichever occurs first.
Maryland also requires most medical malpractice claims to first go through the Health Care Alternative Dispute Resolution Office, a process established under the Maryland Health Care Malpractice Claims Act, which typically requires filing a certificate of a qualified expert before a case can proceed.
These requirements make medical malpractice claims procedurally distinct from an ordinary negligence lawsuit, and missing a deadline or procedural step can jeopardize an otherwise valid claim.
What Damages May Be Available?
Patients who successfully bring a medical malpractice claim may be entitled to recover compensation for damages including medical expenses related to correcting or treating the malpractice injury, lost wages and diminished earning capacity, pain and suffering, and permanent disability or disfigurement.
In cases involving a fatal outcome, surviving family members may be able to pursue a wrongful death claim as well. Certain categories of malpractice, such as birth injuries resulting in conditions like cerebral palsy, or injuries suffered in a nursing home negligence setting, often involve long term care needs that must be carefully accounted for when evaluating the full value of a claim.
Speak with SBWD Law About a Possible Medical Malpractice Claim
Figuring out whether your situation involves ordinary negligence or medical malpractice is not always straightforward, and the procedural requirements for a malpractice claim in Maryland make it especially important to involve an attorney early. Schlachman, Belsky, Weiner & Davey, P.A. has represented injured parties for over 40 years, since our founding in 1979, and that same commitment to righting wrongs for our clients guides every case we take on today.
Our Baltimore medical malpractice lawyers team, including ourbirth injury team andcerebral palsy lawyer practices, along with our broader Maryland personal injury attorneys, are prepared to evaluate your situation and help you understand whether you have a viable claim.
The diversity of our large team brings niche experience to complex malpractice cases, yet small enough that many of our clients have their attorney's direct cell phone number, because we believe the firm exists to serve the client, not the other way around.
Contact SBWD Law at (410) 685-2022 for a consultation, and let us help you understand your options after a serious medical injury.
