When we seek medical care, we trust that our doctors, nurses, and hospitals will act in our best interest. But what happens when they break that trust? If you’re reading this, you may suspect that a healthcare provider’s mistake caused serious harm, and you’re trying to figure out if it crossed the line into medical malpractice. Understanding what qualifies as a breach of the standard of care is the first step in determining whether you may have a case under Maryland law.
This blog will explain the standard of care, how to identify a breach, and your legal options if you’ve been affected by substandard medical treatment.
What Is the Standard of Care in Medical Malpractice Cases?
The standard of care is the level of caution and attention that a reasonable medical provider would exercise in similar circumstances. In other words, it’s what a reasonable doctor, nurse, or hospital would have done while treating a similar patient under similar circumstances.
This standard isn’t one-size-fits-all. It can vary depending on:
- Type of healthcare provider (e.g., surgeon vs. general practitioner),
- Specific medical condition,
- Available technology or resources, and
- Location and setting (such as a rural clinic versus a major hospital).
In Maryland, the law requires healthcare professionals to treat patients in a manner that meets this accepted level of care. They may be legally accountable if they fail to do so and harm a patient.
What Is a Breach of the Standard of Care?
A breach of care occurs when a medical provider deviates from what other reasonable providers would have done in the same situation. It’s not just about making a mistake; it’s about acting in a way that falls below accepted medical standards and puts a patient at risk.
To prove a breach occurred in a medical malpractice lawsuit, your legal team must show that:
- A duty of care existed between you and the provider,
- The provider failed to meet the appropriate standard of care,
- That failure caused injury or harm, and
- You suffered damages as a result.
The law doesn’t expect perfection, but it does require competence and diligence. If your provider ignored clear symptoms, failed to follow up on test results, or made a reckless decision during surgery, that could be considered a breach.
Breach of the Standard of Care Examples
Depending on the circumstances, many medical errors can be considered a breach. Victims can support their cases through testimony from qualified medical witnesses who review the facts and explain what should have been done. Some common breach of the standard of care examples include:
- Misdiagnosis or delayed diagnosis—failing to identify a serious condition that another competent doctor would have recognized;
- Surgical mistakes—operating on the wrong body part, leaving instruments inside the body, or causing unnecessary damage;
- Medication errors—prescribing the wrong drug, incorrect dosage, or causing avoidable dangerous drug interactions;
- Birth injuries—failing to monitor fetal distress or delay in ordering an emergency C-section;
- Poor follow-up care—not reviewing test results, ignoring symptoms, or failing to refer to a specialist when needed; and
- Inadequate infection control—not following proper sterilization procedures, resulting in hospital-acquired infections.
Each situation reflects a lapse in judgment or procedure beyond a reasonable mistake.
How Maryland Law Addresses Breach of the Standard of Care
While Maryland law doesn’t spell out the standard of care in a single statute, it does offer clear guidelines for how quickly a patient must bring a malpractice case to court. These deadlines are critical, especially in cases where a breach may not be discovered immediately. Patients generally have:
- Three years from the date they discovered the injury; or
- Five years from the date the injury occurred, whichever comes first.
This timeline is strict, but there are important exceptions:
- For minors, the clock doesn’t begin until the child turns 18.
Maryland also requires a certificate from a qualified expert to proceed with a malpractice case. This means a licensed healthcare provider must review the case and confirm an actual breach of the standard of care. Without this certificate, the court will likely dismiss the lawsuit early on.
Why Proving a Breach Is Complex
Medical malpractice cases are often highly technical. Even when something “feels wrong,” proving it in legal terms is another story. That’s why working with a skilled legal team is so important. They know how to investigate records, work with medical experts, and build a case that clearly demonstrates the breach.
In Maryland, courts often rely on past case law and expert witness testimony to determine whether a breach occurred. A piece of missing documentation or poor charting can make or break a case.
Why Choose Brockstedt Mandalas Federico LLC?
When something as serious as medical malpractice turns your life upside down, you need more than just a law firm. You need a team that brings clarity, commitment, and compassion to the fight. That’s precisely what you get with Brockstedt Mandalas Federico.
Our experienced attorneys are known for taking on impactful, high-stakes cases involving medical malpractice, environmental harm, and injury law. Their work has led to national recognition, including being named among Lawdragon’s 500 Leading Environmental Lawyers and winning Elite Trial Lawyers’ Government Representation Practice Group of the Year.
What sets us apart is our dedication to personal attention. We approach every case with care, treating clients like partners, not just files. We also have the resources and relationships needed to compete with large hospitals, insurance companies, and corporate defense teams.
Call Us Today
When a medical provider’s failure causes unnecessary pain, long-term damage, or loss, the law allows you to seek accountability. Understanding what counts as a breach of standard of care is the first step in protecting yourself and your future.
At Brockstedt Mandalas Federico LLP, we are committed to standing beside individuals and families who’ve suffered from medical negligence. With skilled attorneys, a wealth of resources, and a reputation for results, we’re here to help you take the next step toward recovery. Contact us today.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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