Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

When Baltimore residents go to the doctor, they expect that the doctor will provide the best care possible. Part of providing the best care, or even standard care, is for the doctor to make a proper diagnosis of a patient's ailment. When the doctor makes mistakes or there is a misdiagnosis of a patient's condition, it can lead to devastating consequences for the patient.

Take, for example, the case of a man who is pursuing a medical malpractice case against a physician for the physician's failure to diagnose and treat a large epidural abscess. The lawsuit alleges that the doctor missed the diagnosis, which caused the patient to suffer severe and permanent pain and suffering, both physically and mentally. Part of the man's injuries included permanent paralysis.

The lawsuit illustrates the essentials of a medical malpractice suit. In order to prevail in such a case, the plaintiff must show that the doctor had a duty to provide proper medical care and treatment, and that the doctor breached that duty by not providing the care that a reasonable and prudent physician would do. As a result, the breach of the duty of care must have caused injury or damages.

In the case above, the man is seeking compensatory damages, including damages for loss of his income that was caused by his injury. While it remains to be seen how the case will turn out, it shows how patients have options when their physician fails to provide the proper care, and that the physicians can be held accountable for their medical errors.

Source: West Virginia Record, "Couple sue physician for medical malpractice," Kyla Asbury, Aug. 9, 2013

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