Annapolis Personal Injury Law Blog
A Maryland man was sent home after complaining of chest pains to his primary care physician only to die a few days later. After six years, his family finally received a settlement in November 2018.
Instead of insisting that the victim be examined in an emergency room for a heart attack, the victim was sent home in with a recommendation for a CT scan and to visit a cardiologist if his symptoms didn’t improve within a few days. The victim died of coronary artery disease and multiple heart attacks a few days later.
Breach of standard of care
In a medical malpractice or medical negligence case, there are a few essential factors that will impact the result. One of the most important factors is a breach of Standard of Care. You may have a strong case if a medical practitioner:
- Did not do what was expected of someone in their field and location
- Gave advice in a field in which they did not have experience
- Misdiagnosed a problem
- Provided incorrect treatment or delayed treatment unnecessarily
- Failed to educate a patient of potential risks of treatment (also known as informed consent)
The family of the victim in the case above believed that the doctor both failed to immediately send him to the emergency room in fear of a heart attack and failed to inform him of future risk of cardiac events. The defense argued that it was not a breach of standard of care to send the victim to the emergency room because his symptoms did not coincide with a heart attack for a man of his age. The jury found in favor of the victim.
By filing a medical malpractice suit, you may receive compensation and justice for medical wrongdoing. Protect yourself by getting a second opinion, advanced help in emergency situations, and legal advice regarding medical malpractice cases.
