Steps to Filing a Medical Malpractice Claim in Maryland

At Southern Maryland Law, we understand the profound impact medical negligence can have on you and your loved ones.

Navigating the complexities of filing a medical malpractice claim in Maryland can be daunting, but with the right guidance, you can seek the justice and compensation you deserve. Here’s a comprehensive guide to help you through this process.

Recognizing Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient. Common examples include:

• Failure to diagnose. A medical professional fails to identify an existing medical condition or provides an incorrect diagnosis.
• Negligent treatment. A healthcare provider makes a mistake that a reasonably competent professional in the same position would not have made.
• Failure to warn. A medical professional treats a patient without first warning of known risks and obtaining informed consent.

Understanding these categories can help determine if you have a valid claim.

How to File a Medical Malpractice Claim in Maryland

Knowing the correct process for filing a malpractice claim ensures your case is taken seriously and improves your chances of a favorable outcome.

1. Consult with a Qualified Attorney

Engaging an experienced medical malpractice attorney is crucial. They can evaluate your case, guide you through the legal process, and advocate on your behalf. At Southern Maryland Law, our team has served the community for over 55 years, providing personalized and effective legal solutions.

2. Obtain Medical Records

Secure all relevant medical records related to the alleged malpractice. These documents are essential for evaluating your case and serve as critical evidence.

3. File a Claim with the Health Care Alternative Dispute Resolution Office (HCADRO)

In Maryland, before filing a lawsuit and proceeding to court, you must file a claim with the HCADRO. This step initiates the mandatory arbitration process. However, parties often waive arbitration, allowing the case to proceed directly to court.

4. Submit a Certificate of Qualified Expert

Within 90 days of filing your claim, Maryland law requires you to submit a Certificate of Qualified Expert. This certificate, provided by a medical professional, attests that the care provided deviated from accepted standards and caused your injury.

5. Be Mindful of the Statute of Limitations

Maryland imposes specific time limits for filing medical malpractice claims. Generally, you have five years from the date of the injury or three years from the date the injury was discovered, whichever comes first. Adhering to these deadlines is crucial to preserving your right to pursue a claim.

6. Engage in Pre-Trial Procedures

Before trial, both parties engage in discovery, exchanging information and evidence. This phase may involve depositions, interrogatories, and document requests. Settlement discussions or mediation may also occur during this time.

7. Proceed to Trial if Necessary

If you cannot reach a settlement with the negligent party, your case will proceed to trial. Your Waldorf medical malpractice attorney will present evidence and arguments to a judge or jury to demonstrate that the healthcare provider’s negligence caused your injury.

The Role of a Lawyer in the Process of Filing a Medical Malpractice Claim

Navigating a medical malpractice claim involves intricate legal and medical issues. An experienced attorney will:

• Evaluate your case—determine the viability of your claim based on the facts and applicable laws;
• Gather evidence—collect and analyze medical records, expert testimonies, and other pertinent information;
• Navigate legal procedures—handle filings, deadlines, and compliance with Maryland’s specific requirements; and
• Advocate for you—represent your interests in negotiations and, if necessary, in court to secure fair compensation.

At Southern Maryland Law, we pride ourselves on being approachable, knowledgeable, and dedicated to our clients. With more attorneys than other local firms, each focusing on specific legal areas, we offer the expertise and personalized attention your case deserves.

Why Choose Southern Maryland Law?

Choosing the right legal representation can make all the difference in your medical malpractice case. Our firm has a strong reputation for providing exceptional legal services to clients throughout Maryland. We offer:

• An established presence. Serving Waldorf for over 60 years and Lexington Park for over a decade, we’re deeply rooted in the community.
• A client-centered approach. We prioritize reducing your stress with friendly and helpful service, ensuring you’re treated as a person, not a case number.
• A proven track record. Our longevity and success are testaments to the results we achieve and the trust we’ve built with our clients.

Filing a medical malpractice claim in Maryland can be complex, but you don’t have to navigate it alone. Contact Southern Maryland Law today for a consultation, and let us show you how to file a malpractice claim so you can seek the justice and compensation you deserve.