A medical error or misdiagnosis can lead to unnecessary and painful injuries, and when you are a victim of medical negligence, what comes next? If you hurt or a loved one is killed due because of medical malpractice, you have the right to seek compensation from a hospital, treatment facility or doctor and you need to understand what the process of filing a medical malpractice claim in Maryland entails.
First Steps in Medical Malpractice Claims
When a person is injured by surgery, medical treatment or misdiagnoses, recovering compensation is more complicated than other types of personal injury suits. Usually, the statutes of limitations are different than other personal injury claims and victims must prove their claim has merit.
In the Maine, the statute of limitations for medical malpractice claims is three years. If the victim is under the age of 11, no statute of limitations applies. Over the age of 11, then time limit applies.
Within 90 days of filing your medical malpractice claim, you must submit a certificate of merit from a medical from qualifying medical expert. According to the National Conference of State Legislators, a certificate of merit must demonstrate the following:
- The physician or medical provider had a duty to the patient
- The provider violated their standard of care.
- The plaintiff suffered injuries that warrant compensation.
- The violations of the standard of harmed the plaintiff.
You must also show that you followed a doctor’s recommendations and that your injury was not a result of your failure to follow a doctor’s instructions.
Arbitration in Maryland
In the past, Maryland law required anyone with a medical malpractice suit to resolve their claim through arbitration. Now, if one party objects to arbitration the process can be waived the injured party’s suit can resolved with a settlement or in civil court.
Why You Need a Medical Malpractice Lawyer in Maryland?
Maryland has strict negligence standards. For medical malpractice and personal injury suits, the state uses a contributory negligence standard. Under that standard, if the injured played any role in their harm, however small, will not be allowed to recover compensation. For example, if a doctor was assigned 95 percent of the liability, but you were only assigned 5 percent of the blame, you will not be able to recover any compensation.
Because Maryland’s negligence standards are so stringent, you need an experienced medical malpractice lawyer to counter any assertions that were partially negligent.
How are you going to pay for the care you need because of the medical error? How are you going to get compensation for your lost wages and other expenses? USAttorneys can help you get answers about your medical malpractice claim. We can connect you with an injury lawyer today, and you can learn how you can get maximum compensation for your unfortunate and avoidable injury.
On our website, you can locate a medical malpractice attorney in Maryland who will take whatever steps are necessary to get you maximum compensation.