Medical malpractice is a serious issue, and anyone injured due to a doctor or other healthcare provider’s negligence or recklessness should be aware of their rights and the legal process. In Maryland, there are specific steps to take when filing a medical malpractice lawsuit.
Deciding whether to press charges over medical malpractice can be an intimidating decision. But you shouldn’t have to make that decision without consulting a competent, experienced lawyer.
What is Medical Malpractice
Medical malpractice is professional negligence by a medical professional that results in harm or injury to a patient.
Any healthcare provider, from doctors, nurses, or surgeons, to a technician or specialists, can be sued for medical malpractice if their actions fall below the standard of care in their field.
They can be held legally liable for resulting damages, including pain and suffering, lost wages, medical bills, and more. Medical malpractice cases are complicated and involve medical testimony by qualified medical professionals.
An experienced medical malpractice lawyer can assess whether a doctor’s behavior amounts to medical negligence and may be responsible for the harm incurred by the patient.
What are the Steps in a Medical Malpractice Lawsuit
First, the injured party must file a complaint with the Maryland Health Claims Arbitration Office. This complaint must include details on the alleged malpractice.
Including the date of the incident, the doctor or healthcare provider’s name and contact information, and the medical records related to the incident.
The complaint must also include a written statement from a qualified medical expert who can testify that the healthcare provider’s conduct was negligent or reckless.
Once the complaint is filed, the arbitrator assigned to the case will review the evidence and determine whether or not the medical malpractice occurred.
If the arbitrator finds that the medical malpractice did occur, the case will be sent to the courts for further proceedings.
During the trial phase, the plaintiff must prove that the healthcare provider’s negligence or recklessness caused their injury. You have to provide evidence of negligence or recklessness and the damages suffered.
If the plaintiff successfully proves their case, the court may award compensation for medical bills, lost wages, and pain and suffering.
How Long Does a Medical Malpractice Lawsuit Take
A medical malpractice lawsuit can be a lengthy process. The amount of time depends on the case’s complexity, the number of defendants, and other relevant factors.
The process may be quicker if only one defendant is involved or all parties are willing to reach a settlement out of court. However, the process may take several years if a trial is necessary.
The process may include gathering and reviewing medical records documents and conducting depositions to obtain witness and expert testimony.
You must also be ready to prepare and file pleadings and motions and negotiate with insurance companies and other parties. Throughout the process, the medical malpractice lawyer will guide you on the best way to proceed.
What Are the Damages in a Medical Malpractice Lawsuit
The type of damages in a medical malpractice case will depend on the case’s specific circumstances. Such as the nature of the negligence that results in harm or injury and any associated financial losses.
Generally, damages may include medical bills, lost wages, long-term care costs, and pain and suffering. In some cases, punitive damages are appropriate to punish the provider if found that they intentionally caused harm.
An experienced medical malpractice lawyer can help by analyzing the facts of the case and determining the potential damages to sue for.
Settlement in a Medical Malpractice Lawsuit
A settlement allows a case to resolve out of court, which may be advantageous for both parties. It is important to remember that a settlement agreement must be fair and beneficial for all involved and may require a negotiation process with attorneys for both sides.
Agreeing to settle should be accepted by both parties for a judge to approve it.
Medical malpractice cases in Maryland can be complex and challenging to navigate, with many nuances and considerations to take note of. If a patient suspects medical malpractice has occurred, they should seek legal advice as soon as possible. An experienced lawyer can explain the process of filing a medical malpractice lawsuit in Maryland and guide the patient through the legal process. With suitable representation, a patient will get the justice they deserve.
If you are looking for medical malpractice lawyers in Waldorf, Maryland, we can help you. Waldorf Injury Lawyers has injury lawyers dedicated to helping people receive the help and compensation they deserve. You can contact us today to learn more about our work and services. We’re located at 11701 Central Ave. Waldorf, MD 20601. Contact us online or call us at (301) 245-2559. One of our experienced Waldorf Maryland lawyers will surely assist you.