Case Process of Baltimore Medical Malpractice Claims

Baltimore is unique in terms of medical malpractice claims because there are a large number of medical facilities and corresponding medical professionals practicing in Baltimore. Additionally, there is a broad range of patients that are seen by medical professionals in Baltimore with a variety of medical health issues.

Due to the high volume of medical professionals, there is a higher chance of medical malpractice and therefore, if someone believes they have been the victim of an instance of medical malpractice, they should contact a Baltimore medical malpractice lawyer immediately. Medical issues hold a direct impact on your livelihood and well-being so it is of the utmost importance to resolve any issues quickly and efficiently.

Medical Malpractice Case Process in Baltimore

The method in handling a medical malpractice claim usually starts with an attorney making initial contact with the patient. Someone’s Baltimore medical malpractice lawyer will collect information regarding the nature of the injury. Once the attorney has had an opportunity to speak with the patient, then the patient should provide all of his/her current medical records for further evaluation.

The attorney will then evaluate the issue and determine whether there is an actionable claim based on all the information collected to date. At that point, the patient usually will execute a retainer agreement to engage the attorney’s services so that a claim can be filed on their behalf. Once the retainer agreement is signed and any additional questions are answered by the attorney, then the attorney will then begin to initiate the medical malpractice claim.

In Maryland, the medical malpractice claim must be submitted to the Health Claims Arbitration Board prior to filing a lawsuit. An attorney can draft the requisite paperwork and file it with the Health Claims Arbitration Board in a timely manner.

This initial pleading will put the healthcare professional on notice of the claim and allow it an opportunity to investigate the claim. At that point, the healthcare professional will either deny liability for any negligence or the healthcare professional may attempt to negotiate the claim before a lawsuit is filed. Once the claim is filed with the Health Claims Arbitration Board, the reaction of the medical professional will determine the next step in moving the claim forward.

The claim will either be settled through a mutual settlement agreement or the case will proceed to litigation, most likely in the Circuit Court for Baltimore City.

Common Mistakes in Medical Malpractice Suits

One common mistake that is made by patients in medical malpractice claims is not understanding that medical malpractice claims are not limited to situations where a surgeon removes the wrong limb during surgery or leaves an instrument in a patient during surgery. Malpractice occurs in a number of ways and sometimes can be very subtle.

Anyone who believes that he/she has been the victim of medical malpractice should consult with an experienced Baltimore medical malpractice attorney to properly investigate the issue and advise the potential client appropriately. Victims do not always understand that there are time limits associated with medical malpractice claims, so anyone who believes that he/she has been the victim of medical malpractice should take action as soon as possible.

Out of Court Settling vs. Going to Litigation

There are a myriad of issues and complexities that go into determining whether or not the case is settled prior to litigation. It is important to know it is only the threat of a lawsuit that brings a healthcare professional to the settlement table. There is nothing that requires the settlement of medical malpractice claim.

If the injured person wishes to settle the claim without litigation, the attorney can help do this on their behalf. Of course, the client has the final say in terms of whether the claim is settled.  The attorneys will advise the client accordingly based on the specific circumstances of that case and allow the client to make the important decision.