What is Medical Malpractice?

Medical Malpractice Is: 

-          When a medical professional, for example a doctor, a nurse, dentist, technician, hospital, or other health care provider, causes harm or death to a patient by FAILING to provide SUITABLE care.

-          Generally, the medical “standard of care” is the type and amount of skill and attention that a similarly-trained health care professional, in the same community as the defendant, would have provided the patient

-          Examples include misdiagnosis, surgical errors, nursing home abuse, birth injuries, and prescription errors. Additionally, sub-standard care and failure to perform a necessary function in order to prevent harm to a patient are also examples of medical malpractice.

-          A consent form does NOT release a physician from liability who was NEGLIGENT in performing a medical procedure.

If your doctor deviated from the applicable standard of care in performing a procedure and you were injured as a result, signing a consent does not waive your right to bring a medical malpractice claim..

It is critical to note that an error MAY occur and medical Malpractice is not simply “an error in judgement.”

 For example, the procedure may be complex from a medical standpoint, and can come with known risks, and the “error” was simply an offshoot of these risks.

Complications are often not considered as medical malpractice and most of these are contained on the consent form the patient signed before the procedure.

If there were no tangible “damages” from this negligence, there is no ability to file a medical malpractice claim. A quantifiable harm to the patient is required.

There must be a CAUSAL link between the mistake and the MEASURABLE harm inflicted to the patient. This means that if not for the error, the patient would not have experienced a worsening of his or her health. 

Your Privacy Rights After an Accident

So After an Accident- I No Longer Have Privacy Rights?

When you make a personal injury claim, many people are frequently angry and upset by the invasions of privacy that insurance companies commit while investigating your claim.

They do have the right to examine your medical records and bills.

Surprisingly, if you have depression or anxiety you may also have to turn over mental health records! If you’ve had prior injuries, the insurance company may refuse to settle your claim without seeing your prior medical records.

While this may seem upsetting, insurance companies are entitled to inspect relevant records. They are not entitled to medical information that cannot possibility relate to your claim. In the context of a lawsuit, a set of rules called discovery rules become applicable, entitling the insurance company to ask you to formally produce a few direct items.

At attorney can be useful in getting the best offer your case, while limiting disclosure of your personal information. 

Contact Portner & Shure, P.A. 

Fatal Single Vehicle Accident on Interstate 70

On May 24, 2010, during the morning rush hour there was a serious single vehicle accident on Interstate 70 in Howard County, Maryland. A box truck was traveling westbound when it left the roadway and struck several trees. The driver was pronounced dead at the scene and Interstate 70 was closed for several hours. The cause of the accident is still under investigation.

An accident re-constructionist was most likely called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

Many auto insurance policies that carry Personal Injury Protection also carry a specific Death Benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

However, in the event that the driver was working at the time of the accident his family may be entitled to additional benefits under workers' compensation. Since this individual was unfortunately killed in the course of his employment his spouse and/or children may be entitled to receive benefits based on what the employee was making at the time of the accident. Although there is a cap placed on these benefits, it is possible to also obtain a burial allowance in cases such as this.

If you have been injured as the result of an automobile accident or sustained a work related injury, please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.