Seven Steps to a Malpractice Lawsuit in Maryland
If you call our attorneys to discuss a Maryland medical malpractice case, the process involves seven steps:
Step 1: When you call our law office, you will be directed to our medical malpractice intake specialist. The intake specialist's job is to get (1) your general information and (2) the details of your malpractice case.
The intake specialist makes an initial evaluation as to whether you may have a viable case. Many people call to report either (1) rude or insensitive behavior from a medical doctor, or (2) a negligent act from the physician that could have but did not cause the caller any injury. Both of these complaints are unfortunate. We sympathize because these types of problems can be very frustrating, but they are not sustainable malpractice claims.
Step 2: If you may have a medical negligence case, you are transferred to speak to a Maryland medical malpractice lawyer. We will answer any questions that you may have about your case and how these cases proceed. During this conversation, we will mutually decide whether our law firm should further investigate your case.
Step 3: If our law firm does agree to investigate your case, we will enter into an agreement with you that sets forth the work our malpractice lawyers will do for you and the method of compensation. Miller & Zois agrees to advance all costs, only to be repaid in the event of recovery, and to work on a contingent fee basis. In other words, our attorneys receive a percentage of the gross recovery. You lose nothing in the event there is not a recovery.
Step 4: From here, our team will get a more detailed medical history from you, including the physicians and hospitals who have provided medical treatment to you. Our team then obtains all of your relevant medical records. In almost every case, these medical records - what they show and do not show - are the evidence that gives us the ability to determine whether you may have a viable claim.
Step 5: If we believe you have a case after receiving from your medical history and reviewing the medical records, our attorneys consult with a physician in every medical malpractice case in Maryland. Medical experts are required to establish the standard of care in the medical community for treating a patient who presented in a similar fashion as the medical malpractice plaintiff.
The doctor must also testify in a malpractice claim in Maryland that there is a greater than 50% likelihood that your injuries would not have happened if your doctor had not committed medical malpractice.
Accordingly, before we bring a lawsuit against the doctor(s), our attorneys consult with doctors who are willing to offer their opinions as to whether he or she believes that medical malpractice has occurred. Because many local doctors will not give opinions for victims because they are regularly working with the doctors who we suspect of malpractice, we are often required to go outside of Maryland to find fair and impartial doctors who are willing to offer honest opinions.
Step 6: Unless we know it would be a waste of time, we seek first to settle your case before filing suit. Out-of-court settlements in medical error cases in Maryland are very rare. Why? Even if they think their physician is responsible for making a mistake, the malpractice insurance company wants to size up your claim before putting a dollar value on it.
Step 7: We file your lawsuit. For more on that process, click here.Getting a Lawyer for Your Case Get More Information on Bringing a Malpractice Claim in Maryland
- Medical malpractice statistics in 2018 that will blow your mind
- Learn more about medical malpractice claims in Maryland with this broad overview of how to make a claim and what you can expect.
- Learn more about another type of claim that falls under Maryland Malpractice Act: nursing home neglect and abuse case
- Do you have questions? We have answers to your medical malpractice questions
- How much do plaintiffs get for medical malpractice cases?