Many times, an attorney will be contacted by someone, a potential client, who has suffered serious complications from medical treatment. Sometimes, the complications the potential client suffers from are “known complications.” Does someone who suffers from known complications possibly have a medical malpractice case? That’s a question I’ll answer in this blog post.
First, though, let’s look at what known complications are. Known complications are unfortunate results that are common enough to be considered as foreseeable results of the medical treatment. While known complications are foreseeable, that does not mean they are not sometimes extremely severe. How severe? Look at postsurgical infections, a known complication of any surgery. A postsurgical infection can cause pain, poor wound healing, failure of the surgical procedure, sepsis, organ failure, and even death.
However, in spite of the severity of some known complications, these complications may arise even when there has been no negligent medical treatment. Further, it is unlikely an attorney will find an expert to support a negligence claim against the physician when a client suffers from only known complications. Having an expert is important, because to bring a medical malpractice case in Maryland, a plaintiff must produce a certificate of merit by a physician stating negligence caused the plaintiff’s injury.
But–and there is a big
“but”–someone who suffers from known complications may still have a viable medical
malpractice case:if a known complication arises and the physician
then fails to deal appropriately with the complication, thereby resulting in an
injury, a medical malpractice case may be appropriate. Let’s look at how
this may play out with regard to postsurgical infection. If infection occurs
and is not promptly diagnosed and appropriately treated, it may result in serious
harm. The failure to diagnose and treat the infection, not the
occurrence of the infection, may indeed be the basis for a medical malpractice
If you have suffered an injury due to the negligence of a doctor in Maryland, you may have questions about your legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at firstname.lastname@example.org.