Medical malpractice can have serious and life-altering consequences, physically, emotionally, and financially.
If you or a loved one has been injured due to the negligence of a healthcare professional, it’s important to know what steps to take in order to seek justice and compensation.
The Claim Process for Medical Malpractice Claims
Here is a step-by-step guide to the claims process for medical malpractice claims in Baltimore:
Step 1: Determine if You Have a Valid Claim
The first critical step is determining whether your situation qualifies as medical malpractice. Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in injury or harm to the patient.
Common types include misdiagnosis, surgical errors, medication mistakes, and failure to treat. To assess the validity of your claim, consider the severity of the injury and the extent of the negligence involved.
Step 2: Gather Necessary Documentation
Gathering all relevant documentation includes obtaining your medical records and reports detailing the incident.
Keep a meticulous record of dates, times, and descriptions of what occurred. Collect witness statements and testimonies from those who can corroborate your account.
Additionally, maintain communication logs with healthcare providers, as these can provide critical evidence in your case.
Step 3: Seek a Qualified Medical Malpractice Attorney
Finding an experienced medical malpractice attorney in Baltimore is vital. Look for attorneys with a proven track record in handling similar cases. Initial consultations are typically free and provide an opportunity to discuss your case and evaluate the attorney’s expertise.
Prepare questions about their experience, success rates, and fee structures, including contingency arrangements where payment is contingent on winning the case.
Step 4: Filing a Notice of Claim
In Maryland, specific notice requirements must be met when filing a medical malpractice claim. This involves submitting a Notice of Claim within a designated timeline, generally within 90 days of the incident.
The notice must include detailed information about the claim, such as the nature of the malpractice, the injuries sustained, and the damages sought. Properly filing this notice is a critical step that must be handled with precision to avoid jeopardizing your case.
Step 5: Expert Review and Certificate of Merit
Medical malpractice claims in Maryland require an expert review and a Certificate of Merit. This certificate, provided by a qualified medical expert, attests that the healthcare provider in question breached the standard of care.
Selecting a credible medical expert to review your case is essential, as their testimony can significantly impact the outcome. The Certificate of Merit must be filed within 90 days of submitting the Notice of Claim, highlighting the importance of timely action.
Step 6: Negotiation and Settlement Discussions
After the initial filings, the negotiation and settlement phase begins. Many medical malpractice cases are settled out of court to avoid the time and expense of a trial.
During this phase, both parties will engage in discussions to reach a mutually agreeable settlement. Effective negotiation strategies include presenting a strong case, understanding the value of your claim, and being prepared to compromise.
Mediation can also play a role in facilitating a resolution. However, it’s important to weigh the pros and cons of settling versus proceeding to trial. For example, a settlement may provide faster resolution and guaranteed compensation, but it may also be less than what could potentially be awarded in court.
Step 7: Preparing for Trial
If a settlement cannot be reached, preparing for trial is the next step. This involves a thorough preparation process, including the discovery phase, where both parties gather and exchange pertinent information.
Pre-trial motions and hearings will take place to address any legal issues before the trial. Comprehensive preparation is important as it can significantly influence the trial’s outcome. Your attorney will play a pivotal role in guiding you through this process and representing your interests in court.
Statute of Limitations for Medical Malpractice Claims
Whatever stage you are at in the claims process, be aware of the statute of limitations for medical malpractice claims. In Maryland, a claim must typically be filed within five years from the date of the injury or within three years from when the injury was discovered.
Exceptions may apply in cases where a foreign object is left inside a patient during surgery or if the victim is a minor under 11 years old. In any case, it’s essential to act expeditiously and file your medical malpractice claim well before the statute of limitations expires. Missing it could result in the dismissal of your claim and forfeit any potential compensation.
Final Thoughts
A medical malpractice claim can be overwhelming, but understanding the process helps empower victims seeking justice. As you progress through each step, remember the importance of meticulous documentation and the role of your attorney in advocating for your rights.
Strong legal representation can make a significant difference, not only in the filing process but also in negotiations and trial preparations. But keep your expectations grounded — while many cases settle out of court, achieving a fair settlement often depends on the strength of the evidence and the skills of your legal team.
With proper preparation and guidance, you can increase your chances of obtaining the compensation you deserve for your injuries.
Source: Frank Spector Law, Baltimore
