Keeley Olson and Dustin Olson v. A.R.T. Institute of Washington, Inc., et al.

Greenbelt, Maryland, personal injury lawyers represented the Plaintiffs on medical malpractice claims.



In Maryland, a medical malpractice claim requires demonstrating four elements:

a duty of care owed by the healthcare provider to the patient, a breach of that duty (deviation from the accepted standard of care), causation (the breach directly caused the injury), and damages (the patient suffered harm). The standard of care is what a reasonably competent provider would do in similar circumstances. If a patient is found to be even one percent at fault for their injury, they cannot recover damages due to Maryland's contributory negligence rule.

Key Elements of a Medical Malpractice Claim



To successfully file a medical malpractice lawsuit in Maryland, a plaintiff (the injured patient) must prove these four elements:



Duty of Care: The healthcare provider must have had a professional duty to the patient, which is typically established by a doctor-patient relationship.

Breach of Duty (Negligence): The provider must have failed to meet the applicable standard of care. This means their actions or omissions fell below what a reasonably skilled and competent medical professional would have done in the same situation.

Causation: The provider's breach of duty must have directly caused the patient's injury.

Damages: The patient must have suffered actual harm or injury.



Important Aspects of Maryland Law



Standard of Care: The standard of care is complex and can vary based on the specific treatment and the patient's health. Proving it typically requires expert testimony from medical professionals.



Contributory Negligence: A critical aspect of Maryland medical malpractice law is its contributory negligence rule. Under this rule, if the patient is found to be even 1% at fault for their own injury, they are barred from recovering any damages.

Informed Consent: A healthcare provider has a duty to provide a patient with enough information about a proposed treatment to allow them to give informed consent. Failure to do so can also lead to liability for the doctor.



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Law Offices of W. Scott Sonntag, P.A.



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Settled for an undisclosed sum and dismissed with prejudice.