Nash & Associates White Paper:
"Proving Medical Negligence in Maryland - The Standard of Care"
Monday, November 30, 2009
In general, a plaintiff in a medical malpractice case bears the burden
of proof on four issues:
- the applicable standard of care;
- 2) a deviation from the standard of care by a healthcare provider(s);
- 3) a causal relationship between the deviation from the standard of care and plaintiff's injury; and
- 4) proof of plaintiff's injury.
The necessary proof for each of the above elements may vary from jurisdiction to jurisdiction. As a result,
a litigant must carefully choose an attorney who is familiar with the local requirements for proving medical
malpractice/medical negligence. This is particularly true in the State of Maryland. This article provides a
primer on what a litigant must do in Maryland to establish the applicable standard of care for a healthcare
provider (i.e., physician or nurse) in a medical malpractice/medical negligence case...
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