What is the Standard of Care in Maryland?

In order to prevail in a claim of medical malpractice, you must prove that your physician or another type of health care provider acted in a negligent manner. “Negligence” refers to failing to act with reasonable care in a specific situation. In malpractice cases, “negligence” specifically means that a professional failed to abide by the standard of care expected under those particular circumstances. The heart of every medical malpractice case is whether a doctor breached the expected medical standard of care. Therefore, it is important to understand what that standard of care is in the state of Maryland.

Medical Mistakes are Not Always Negligent

Maryland law takes into account that doctors and other medical professionals are only human and, as humans, they are bound to make honest mistakes now and then. Medicine is complicated and there is no exact set of directions or rules on how to handle every patient that walks into the office. The law understands that there will be imperfections in how patients are diagnosed and treated and that doctors should not be held liable for every mistake that they make. Instead, doctors will only be held accountable for acting outside the parameters set by the medical standard of care.

The Maryland Medical Standard of Care

Generally speaking, the standard of care is the way a reasonable and similarly trained medical professional would act in the situation presented. The standard of care in medical settings can differ significantly from one situation to another, which can make identifying a breach of the standard of care even more challenging. To determine the standard of care regarding a specific patient, you must examine the particular circumstances of that situation, including the following and more:

The specialized training and education of the medical professional;
The medical condition that should be determined, including the prevalence of that particular condition under the circumstances;
The age and overall health of the patient.

For example, if a 58-year-old overweight man came into a cardiologist’s office complaining of chest pain, a reasonable doctor would likely test for a heart attack in that situation. However, if a generally healthy 20-year-old came into the emergency room with the same complaints of chest pain, it may seem reasonable to diagnose that patient with acid reflux or other similar conditions not related to heart failure. Therefore, the standard of care can differ depending on the circumstances.

In most medical malpractice cases, another medical professional of similar training and experience can examine the circumstances and testify whether the doctor’s actions were in line with the standard of care or whether they were negligent. For this reason, medical experts are often essential in proving a medical malpractice claim.

Call a Skilled Maryland Medical Malpractice Lawyer for Assistance Today

At The Casper Firm, LLC, you can speak with a highly experienced medical malpractice attorney who has the knowledge to identify whether you were the victim of medical negligence. We also have the resources to obtain medical expert testimony regarding a breach of the standard of care in your situation. Please call today at 888-387-3878 for a free consultation.