When a negligent healthcare provider injures you, you have a legal right to pursue damages. In Maryland, the process for suing a doctor for medical malpractice is specific to you and the care you received.
Each case is different and requires an investigation of your care and your injuries. A Baltimore medical malpractice lawyer can help you navigate the process and avoid potentially costly legal missteps.
Your Medical Malpractice Attorney Will Gather Evidence of the Medical Professional’s Negligence
To file a medical malpractice claim in Maryland, you must first demonstrate the four elements of negligence.
- Duty of Care: First, you must prove you had a doctor/patient relationship with the medical practitioner who caused your injuries. You must prove they were your doctor and were acting in their professional capacity when they caused your injuries.
- Breach of Duty: You must prove the negligent doctor acted in a manner inconsistent with the profession’s standards. Perhaps they did not consider all your symptoms, did not perform a standard diagnostic test, or made another type of medical mistake. If their violation of the standard of care led to your injuries, you may have a valid medical malpractice claim.
- Causation: Proving negligence in a Baltimore medical malpractice claim also means proving causality. You must prove the doctor’s negligence directly or indirectly caused your injuries.
- Damages: Finally, you must show you suffered financial losses due to the injuries caused by medical negligence. Such losses may include medical expenses, lost income, and pain and suffering.
If you can establish these four elements of negligence, you may have grounds to proceed with a personal injury claim or medical malpractice lawsuit.
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(888) 585-2188
Your Lawyer Will Gather Documentation to File a Medical Malpractice Claim
Maryland requires specific evidence for claimants filing a personal injury lawsuit for medical malpractice. You must be able to show evidence to support the four elements of negligence. Evidence you could use to support your claim includes:
- Medical records, including diagnostics, test results, and treatment plans
- Medical bills and invoices
- Proof of income loss, such as financial statements and pay stubs
- Photos or videos of your injuries
- Expert witness statements and medical expert opinions
Filing a Certificate of a Qualified Expert
Md. Cts. & Jud. Proc. Code § 3-2C-02 requires claimants to submit a certificate of a qualified expert. The certificate of a qualified expert is a form submitted by another medical professional in the same or overlapping field attesting that the healthcare professional failed to meet an applicable medical standard of care.
Choosing the Best Qualified Expert for Your Case
Choosing the right expert can make or break your medical malpractice case.
While we have a network of experts for these cases, we take an individualized approach to each case. We ensure that you have the right expert for your case, ensuring that the professional we choose has the right experience to establish malpractice.
When we determine which expert to use for your case, we look for someone who:
- Is a board-certified medical professional (they do not need to be currently practicing)
- Has testified before
- Is credible and authoritative
- Does not have a conflict of interest
- Has experience specific to your case
- Has a stellar reputation in their field
- Has years of experience in the medical field
- Is well-spoken and who can explain complex topics in a way that is easy to understand
- We feel comfortable working with
We also ensure that we choose an expert who does not devote more than 20% of their yearly professional activities to testifying in injury claims, per Maryland Courts and Judicial Proceedings Section 3-2A-04.
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Your Attorney Can Waive Your Right to Arbitration to File in Circuit Court
According to Md. Cts. & Jud. Proc. Code § 3-2A-02, any medical malpractice claim concerning damages over a certain amount must go through arbitration with the Maryland Health Care Alternative Dispute Resolution Office.
Both parties can request to waive arbitration and proceed with a lawsuit in district or circuit court. Any party requesting an arbitration waiver can do so any time after filing the certificate of a qualified expert.
Our team typically waives the right to arbitration immediately, so that we aren’t confined by arbitration and can fight for the justice and compensation you need.
Once this has occurred, a neutral case evaluator will review your situation and attempt to resolve any issues before trial.
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Hire an Attorney Before You Begin Your Medical Malpractice Claim
Medical malpractice claims are notoriously complex. A legal oversight such as a missed deadline or improper filing may cause you to lose your case. Since the statute of limitations generally allows only three years after discovering your injuries to file a medical malpractice lawsuit (per Maryland Courts & Judicial Proceedings Code Section 5-109), you may benefit from hiring a medical malpractice attorney as soon as possible.
A Baltimore personal injury lawyer with our law firm can help you gather the necessary evidence, procure a certificate of a qualified expert, file for arbitration, and pursue a lawsuit within the state’s time limit, if necessary. In addition, we can represent you in arbitration, settlement discussions, hearings, and trial proceedings. Contact us today at Jenner Law to schedule a free consultation with a legal professional.
Call or text (888) 585-2188 or complete a Free Case Evaluation form