Whenever anyone undergoes surgery, there are risks. In these nerve-wracking situations, we trust our physicians to provide competent care. If you or your loved one has been injured due to a surgeon’s error, you need to contact a reputable Baltimore surgery malpractice attorney. At Arfaa Law Group, we will meticulously examine the merits of your claim and create a personalized legal strategy accordingly. Our team is committed to fighting for the rights of each and every client, and you should note that we proudly serve clients throughout Maryland.
Recently, a woman claimed that she needed additional surgery due to the negligence of a Chicago doctor who performed reconstructive surgery on her after a mastectomy. The woman filed a lawsuit against her doctor as well as against the hospital where the procedure took place. According to the complaint, the plaintiff alleges that she was diagnosed with breast cancer and went through a mastectomy. A few months later, she went through reconstructive surgery, after which an implant rotated necessitating further surgery. While this case took place in Illinois, sadly, these types of injuries are all too common in Maryland as well.
Surgery Malpractice in Maryland
All surgeons owe their patients a certain level of care. When this level of care is not adhered to, the consequences can be devastating, long lasting and even permanent for a patient and his or her family. In order to prevail in a medical malpractice case, you must establish that the standard of care was not followed and that the deviation from the standard of care was a direct cause of patient harm. The standard of care refers to the level of care and caution that a reasonably competent medical professional in the same specialty would have used under the same or similar circumstances.
It is important to note that the standard of care is not a measure of what constitutes optimum care. Rather, the central question relating to the standard of care is whether a reasonably competent medical professional would have done what the defendant doctor did based on the available information. In the aforementioned case, the plaintiff claims that the implant rotated because the doctors failed to adhere to the appropriate standard of care.
Burden of Proof in Medical Malpractice Cases
Under Maryland law, the burden of proof in medical malpractice cases is on the plaintiff. This means the plaintiff has to establish the elements of a malpractice claim by a ‘preponderance of the evidence’ in order to win. Preponderance of the evidence is evidence that is more convincing than the evidence that is offered by the opposition. In short, if the jury finds the plaintiff’s version of events is more probable than the defendant’s version of events, the plaintiff will win.
Seasoned Baltimore Surgery Malpractice Attorneys
Surgery errors can lead to long-term harm and, in the worse cases, even death. If you have been injured or lost a loved one due to a surgeon’s error or carelessness, you may be entitled to compensation for your harm. At Arfaa Law Group, our highly skilled surgery malpractice attorneys take pride in paying attention to every detail of your medical injury so that we can build the strongest possible case on your behalf. If you have other questions about medical malpractice, please call us as soon as possible at 410-889-1850 or contact us online today.
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