When something goes wrong during medical treatment, it’s natural to wonder whether you or a loved one has a legal claim. The answer is rarely obvious. Not every bad outcome is malpractice, and not every case of negligence leads to a successful lawsuit. Before we can give a meaningful answer, there are five foundational questions we ask every potential client.
If you are unsure about the answers to these questions, speaking with an experienced medical malpractice attorney can be a critical first step to exploring your unique situation. An attorney at can walk you through each question and help you understand how this critical requirement may or may not apply to your healthcare experience.
1. Was There a Doctor-Patient Relationship?
This may seem straightforward, but it’s an essential legal requirement. A malpractice claim can only exist if a formal relationship between you and the healthcare provider was established — meaning the provider agreed to treat you and you agreed to receive their care. A casual comment from a doctor at a dinner party, for example, doesn’t create that legal duty.
2. Did the Provider Deviate From the Standard of Care?
This is often the heart of a malpractice case. Maryland law requires that healthcare providers meet the same standard of care that a reasonably competent provider in the same field would deliver under similar circumstances. Showing that a provider made a mistake isn’t enough on its own — we need to establish that the mistake fell below what was medically acceptable. This almost always requires the analysis of a qualified medical expert.
An experienced medical malpractice firm has the known and connections to find the right expert for your case who can fully explain how your care fell below standard expectations and what your provider should have done instead.
3. Did That Deviation Cause Your Injury?
Causation is where many cases become complex. Even if a provider was negligent, we must show that their specific failure — not your underlying condition or some other factor — was the direct cause of your harm. For instance, if a cancer diagnosis was delayed but would not have changed the outcome regardless, causation may be difficult to establish. The connection between negligence and injury must be clear and supported by medical evidence.
4. Did You Suffer Significant Damages?
Medical malpractice litigation is expensive and time-intensive. We look closely at the severity of your injury, the impact on your quality of life, lost wages, additional medical costs, and long-term consequences. Cases involving serious, lasting harm are more likely to result in outcomes that justify the resources required to litigate them properly.
5. Was the Claim Filed Within Maryland’s Statute of Limitations?
In Maryland, medical malpractice claims must generally be filed within five years of when the negligence caused the injury or three years from when the injury was or should have been discovered— whichever comes first. Missing this deadline can permanently bar your right to pursue compensation, no matter how strong your case might otherwise be.
What Comes Next
If you can answer “yes” to these questions, there’s a meaningful foundation for a potential claim. Even if you’re not sure about every question, if you can answer yes to some of these, you may have a case. The next step is a thorough review of your medical records, a consultation with medical experts, and a full evaluation of the facts.
Every case is different, and these five questions are just the starting point. If you believe you or a family member has been harmed by medical negligence, speaking with an experienced Maryland medical malpractice attorney, like the attorneys at Brockstedt Mandalas Federico, as soon as possible can help ensure your rights — and your evidence — are protected.
This post is written by Tara Clary, a partner at Brockstedt Mandalas Federico, where she leads the firm’s medical malpractice team.
Tara Clary is a partner at Brockstedt Mandalas Federico with over 25 years of litigation experience handling all facets of the most complex medical malpractice matters, from investigation through discovery and trial.
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