COVID-19 Notice: We are providing FREE consultations by phone or video for your safety & convenience. Learn More »
Super Lawyers
Justia Lawyer Rating for Ronald V. Miller Jr.
Best Law Firms
Avvo Rating - 10
Million Dollar Advocates Forum
Litigator Awards

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.

malpractice lawyers

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

If you have been injured as the result of medical or hospital malpractice, call our Maryland hospital malpractice lawyers at 800-553-8082 or get a free consultation.

Get More Information on Bringing a Malpractice Claim in Maryland
Client Reviews
They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
The last case I referred to them settled for $1.2 million. John Selinger
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa