Legal Question in Medical Malpractice in Maryland
Medical malpratice
I had back surgery done in Feb, 2005. The surgery was being paid for by workers comp. The letter sent to the doctor said to do the fusion of L5 and S1, and also L3 and L4 if nessary. Now the questions is, I am going for my permament disability for my back mainly because of the L3 and L4. Since the doctor was aked to do these but did not and this is the main reason for my disability. Is there a cause for a malpractice siute against the surgen.
1 Answer from Attorneys
Re: Medical malpratice
Your disability rating and medical treatment are connected but not the same. A question exists as to whether worker compensation is covering a required treatment or not.
In order for medical malpractice you need to show a deviation from accepted medical practice. That is the doctor did not perform in accordance with medical standards.
In Maryland you will need to prove misdiagnosis of, or failure to diagnose a disease or medical condition; failure to provide appropriate treatment for a medical condition; or unreasonable delay in treating a diagnosed medical condition. These are the basic medical malpractice actions and not an all inclusive listing.
Maryland has set forth a health claims arbitration act. Qualified witnesses apply. Costs to bring a medical malpractice suit need to be considered. Attorney fees are regulated.
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