If you or a loved one has been injured due to medical malpractice in Maryland, you may be wondering how to pursue legal action. Medical malpractice occurs when a healthcare provider deviates from the recognized standard of care and causes harm to a patient. In this article, we’ll discuss the steps you can take to sue for medical malpractice in Maryland.
Table of Contents
Hiring a Medical Malpractice Attorney
The first step in suing for medical malpractice is to hire an attorney who specializes in this area of law. A medical malpractice attorney can help you navigate the complex legal system and ensure your rights are protected.
When looking for a medical malpractice attorney, it’s important to choose someone with experience and a track record of success in handling similar cases. You’ll also want to find an attorney who is responsive and communicative, as this process can be long and you’ll want to stay informed every step of the way.
Filing a Complaint
Once you’ve hired a medical malpractice attorney, they will help you file a complaint with the Maryland Health Care Alternative Dispute Resolution Office. This office offers a voluntary mediation process that can help resolve disputes without going to court. However, if you and the healthcare provider cannot come to a satisfactory agreement, a lawsuit can be filed.
Statute of Limitations
It’s important to note that Maryland has a statute of limitations on medical malpractice claims. This means that you have a limited amount of time to file a lawsuit after the incident occurred. In Maryland, the statute of limitations for medical malpractice claims is three years from the date of the injury or five years from the date of the negligent act, whichever comes first.
Preliminary Investigation
Before a lawsuit can be filed, your medical malpractice attorney will conduct a preliminary investigation to determine whether or not there is enough evidence to support a claim. This investigation may involve obtaining medical records, interviewing witnesses, and consulting with medical experts.
If the attorney determines that there is sufficient evidence to support a claim, they will file a lawsuit on your behalf.
Discovery
Once a lawsuit is filed, the discovery process begins. This process allows both sides to gather evidence and information related to the case. This can include requesting documents and testimony from witnesses, as well as conducting depositions.
During discovery, your attorney will work to build a strong case in your favor.
Settlement Negotiations or Trial
After discovery is complete, there may be an opportunity to settle the case through negotiation. Your attorney will work with the healthcare provider’s legal team to reach a settlement that compensates you for your injuries.
If a settlement cannot be reached, the case will go to trial. During the trial, a judge or jury will hear the evidence presented by both sides and make a decision.
Damages
If you win your medical malpractice case, you may be entitled to damages. This can include compensation for medical expenses, lost wages, and pain and suffering.
Damages in Maryland are subject to a cap, which means there is a maximum amount you can be awarded. The cap on non-economic damages, such as pain and suffering, is adjusted each year for inflation. As of 2021, the cap is just over $830,000.
Conclusion
Suing for medical malpractice in Maryland can be a complex and lengthy process. That’s why it’s essential to work with an experienced attorney who can guide you through each step of the process and fight for your rights.
If you or a loved one has been injured due to medical malpractice in Maryland, don’t wait to seek legal help. Contact a medical malpractice attorney today to schedule a consultation and discuss your options.