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How Can I Prove a Doctor’s Negligence Killed My Loved One in Maryland?

 Posted on October 23, 2025 in Medical Malpractice

Hagerstown, MD wrongful death lawyerEveryone trusts medical professionals to help, not harm, the people they care about most. When a doctor’s negligence leads to death, Maryland law allows families to pursue a wrongful death claim and seek financial accountability. However, proving negligence can be especially challenging. A Hagerstown, MD wrongful death lawyer at Serafini Law can help you understand your rights and build a strong claim for compensation.

What Counts As Medical Negligence Under Maryland Law?

Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care that a reasonably skilled doctor would follow. Md. Code, Courts & Judicial Proceedings § 3-2A-02 states that you must show that the provider’s actions or inaction fell below those professional standards. Examples include failing to diagnose a serious illness, making a surgical error, prescribing the wrong medication, or ignoring symptoms that another doctor would have recognized.

Medical negligence is not just a mistake. It is often a blatant disregard for duty. Proving that there was a connection between the doctor’s conduct and your loved one’s passing is often the hardest part of the case, but it is essential for recovering compensation.

How Do You Prove a Doctor’s Negligence Caused Death?

Maryland requires several elements to establish medical malpractice. These include duty, breach, causation, and damages. Did the doctor owe your loved one a duty of care? Can you prove that the doctor failed to uphold that duty? Is there evidence to show that this failure directly caused your loved one’s death and the resulting damages? Your attorney will help you prove that the answer to each question is "yes."

Under Md. Code, Courts & Judicial Proceedings § 3-2A-04(b), Maryland law generally requires a certification from a medical expert stating that the doctor’s care fell below accepted standards. That expert testimony, combined with solid evidence, helps show what went wrong. Evidence may include:

  • Medical charts and hospital records

  • Autopsy reports or death certificates

  • Prescription or medication logs

  • Witness or nurse statements

  • Expert medical opinions

Gathering this information as quickly as possible is critical.

Can You Sue the Doctor and the Hospital for Wrongful Death?

In many cases, both the doctor and the hospital can be held legally responsible. Hospitals may be liable for the actions of their employees. However, if the doctor worked as an independent contractor, the hospital might try to avoid liability.

If your claim is successful, you can recover compensation for medical expenses, funeral costs, and lost income. You may also be granted compensation for emotional losses, such as grief and loss of companionship. Maryland law caps those non-economic damages, but families can still pursue full compensation for measurable financial harm.

Contact a Washington County, MD Medical Malpractice Attorney Today

If you suspect that a doctor’s negligence caused your loved one’s death, we can help. At Serafini Law, our team answers calls 24/7, and our Hagerstown, MD wrongful death lawyer works on a contingency fee basis. That means you do not pay the attorneys’ fees unless your case is successful.

With over 12 years of experience, Attorney Andrew Serafini gives every case his personal attention, treating clients with compassion while being aggressive with insurance companies and negligent defendants. He grew up in Hagerstown and remains active in the local community, offering representation local families can trust during their most difficult times. Call 240-744-1600 today to schedule your free consultation as soon as possible.

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