Medical malpractice is the term used to describe professional negligence or substandard treatment from healthcare workers that result in injuries or death. If you or one of your relatives is a victim of medical malpractice, there are many steps to follow before you can get fair compensation. Hiring a medical malpractice lawyer is essential to help you navigate the administrative process, negotiate on your behalf, and represent you in court if your case goes to trial.

Ask a Medical Malpractice Lawyer: How Often Do Malpractice Lawsuits Go to Trial?

Maryland Healthcare Arbitration Act
Maryland law states that medical malpractice victims are entitled to compensation. However, critical procedural rules are described in the Maryland Healthcare Arbitration Act and explained below to protect healthcare professionals and facilities from the burden of costly insurance coverage and abusive lawsuits.

The Certificate of Qualified Expert
Every medical malpractice case in Maryland requires a "qualified expert" to extend a certificate, stating, under oath, that they have reviewed the case and determined that you received substandard care or a faulty diagnosis. They must also say that your injuries result from those negligent actions. The purpose of this certificate is to avoid wasting the court's time in a case that lacks sufficient merit.

According to Maryland law, a "qualified expert" is a board-certified medical professional specializing in the area of medicine relevant to the case or has taught this area for at least five years. It's important to note that qualified experts must not dedicate more than 20% of their time to testifying in malpractice cases.

Arbitration
Before going to trial for malpractice, you must file a claim with Maryland's Healthcare Arbitration Office and follow an arbitration process. During this process, a panel composed of a healthcare professional, a member of the public, and a lawyer, will review the evidence (including the certificates of qualified experts from both parties) and try to establish liability and determine damages. The plaintiff and the defendant can choose arbitrators from a list provided by the arbitration office. The results from this process are legally binding once both parties agree to the arbitrator's resolutions.

If one of the parties disagrees with the resolution, they must reject the arbitrators' decision and appeal to the Circuit Court. The case will proceed to trial in this situation, where a jury or judge can reverse the decision or modify the award. If you have a valid reason to forgo arbitration, you must file a written request to waive arbitration within sixty days after both parties have filed their expert certificates. If you decide to waive arbitration, you will have sixty days to file your case in court.

Statute of Limitations and Caps
A patient must file a claim within five years of the injury or three years from discovering the damage. If the victim is a minor, the statute of limitations is five years after turning 18.

Medical malpractice non-economic damages are capped at $860,000, and this limit is increased by $15,000 every year. If the malpractice resulted in wrongful death, the amount is increased to 125% of that year's cap. Maryland has no cap for economic damages.

Negotiating a Settlement
Insurance companies may offer a settlement after filing a lawsuit but before moving to court. In many cases, settling outside court is better than going through a lengthy and sometimes complicated trial. However, if the amount offered is insufficient to cover your expenses and losses, or if the insurance company denies your claim, you should file a lawsuit.

Always review settlement offers with your lawyer, and do not agree to settle until you understand the extent of your damages and the cost of your future treatment. While settlement negotiations may take several months, it's rarely recommended to take the first offer you get. At this point, it's essential to let your lawyer assess the proposal and prepare a counteroffer until you reach a fair amount.

How to Choose an Attorney to Manage Your Case?
Medical malpractice cases are some of the most complicated, and you need expert medical malpractice attorneys in Maryland to review your case and draft a strategy. Before hiring someone, make sure you feel comfortable with them, and ask questions, such as:

● Can you explain the arbitration process?
● How much time will you dedicate to my case?
● What's your experience with medical malpractice cases?
● What do you think are the elements of a successful claim?

Once you choose a lawyer, ask for a representation agreement that specifies attorney fees (most medical malpractice attorneys will charge a percentage of your compensation), related expenses, and an approximate timeline.

Medical malpractice has profound effects on patients and their families. If you believe that you or one of your loved ones has been injured because of a healthcare provider's negligence, go now to hire a lawyer as soon as possible.