When and how to file a medical malpractice case in Maryland
There are so many things that a doctor’s office can do for you and your health. Yet, with great power to heal patients comes great responsibility to uphold a high medical standard of care. Every time a patient goes under the knife or explains their symptoms to a medical professional, there are chances for mistakes to be made.
Although it’s generally understood that mistakes happen, there are some mistakes that should not happen and that carry significant consequences. These types of negligent mistakes are known as medical malpractice.
Medical malpractice cases can be based on birth defects, failure to diagnose a disease, misdiagnosis of a disease, infections developed while under a hospital’s care, surgical mistakes, and more. You might have a legal case if the health care provider’s actions or negligence to one of these situations is a proximate cause of the damages. Sometimes it’s easy to make this connection, but in some more unfortunate cases, you don’t realize medical malpractice has taken place until severe consequences have happened.
There are time limits placed on medical negligence in order to file your claim. Each state has a different time limit. Under current Maryland law, a person generally has three years from the date the injury was discovered but no later than five years from the date of the alleged malpractice to file a lawsuit against a health care provider believed to be responsible for injuries and/or damages. This time limit is known as the statute of limitations. Although there are some limited exceptions, failing to file within this time period will forever bar you from filing your claim. You’ll want to file as early as possible so that you don’t run the risk of your case being dismissed in court.
When you are ready to file your claim, here is a simple breakdown of how to get your case on the legal path to victory.
- Gather information and documents about what happened, the healthcare provider(s) with whom you worked, and the dates of treatment.
- Hire a lawyer to make sure you follow all processes correctly and claim everything you deserve.
- File your claim with the court that has jurisdiction over where the injury occurred, unless the case involves more than $30,000 in damages. If the damages exceed $30,000, you’ll need to submit your claim to the state’s Health Care Alternative Dispute Resolution Office.
- Within 90 days of the initial claim, file a certificate with the court that includes a medical expert’s opinion that the medical standard of care was not met and that negligence was the legal cause of your injury.
- Decide whether to waive arbitration, which must be done 60 days at most from when all expert certifications have been filed. If you decide to waive arbitration, you’ll need to submit that complaint along with the written arbitration waiver to the court within the next 60 days. The healthcare provider you’re suing may also choose to waive arbitration.
- If you move forward with the lawsuit in court, you and the healthcare provider will both have a chance to review the reward decided in arbitration.
Obviously, it’s unlikely that money will be enough to fully compensate you for the damage done by medical malpractice. However, you’re entitled to justice, and that’s exactly what Miller Stern Lawyers, LLC, fight for in court. Our lawyers are here to help you through the complicated filing process and earn you every bit of compensation you deserve.
If you believe you or a loved one has been a victim of medical malpractice, you can contact Miller Stern Lawyers, LLC for a free consultation, during which our experienced staff will examine your case and tell you about your options. We have helped our clients recover millions of dollars in settlements and courtroom verdicts, and we can help you with your medical malpractice lawsuit or wrongful death lawsuit.
Contact Dan or Kevin at Miller Stern Lawyers, LLC for a FREE CONSULTATION to find out your options.