Medical malpractice cases arise when a healthcare provider’s actions or omissions result in patient harm. These cases involve significant legal and medical considerations, and filing a claim requires a methodical approach. In Maryland, including Silver Spring, medical malpractice lawsuits must comply with specific procedures established by state law.
What Qualifies as Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure results in harm to a patient. The standard of care refers to what a reasonably competent medical professional would do in similar circumstances. Common examples include surgical errors, misdiagnoses, medication mistakes, birth injuries, and delayed treatment.
A poor outcome alone does not automatically qualify as malpractice; it must be shown that the provider’s conduct was inconsistent with the standard of care.
How Long Do I Have to File a Lawsuit in Silver Spring?
Maryland law requires that medical malpractice lawsuits be filed within a specific period, known as the statute of limitations. Generally, the time limit is three years from the date the injury was discovered, but no more than five years from the date the act or omission occurred.
Failure to meet these deadlines may prevent the claim from moving forward. Certain exceptions may apply in limited circumstances, such as when a minor is involved or if the injury was not immediately apparent.
What Is a Certificate of Qualified Expert?
Before filing a medical malpractice lawsuit in Maryland, the plaintiff must submit a Certificate of Qualified Expert. This document must be filed within 90 days after the lawsuit is initiated in the Health Care Alternative Dispute Resolution Office. It confirms that a qualified medical professional has reviewed the case and believes the healthcare provider failed to meet the applicable standard of care. Without this certificate, the case cannot proceed in court.
What Is the Health Care Alternative Dispute Resolution Process?
In Maryland, medical malpractice lawsuits begin in the Health Care Alternative Dispute Resolution Office. This process is designed to allow both parties to resolve the matter through arbitration. However, either party can choose to waive arbitration and proceed directly to court. The initial filing must include a claim and supporting documentation, such as medical records and a description of the alleged malpractice. After the certificate is submitted and arbitration is waived or completed, the case may move to a circuit court.
How Do I Prove a Medical Malpractice Claim?
To prove a claim, your legal team must leverage evidence to show four key elements:
- A doctor-patient relationship existed.
- The healthcare provider breached the standard of care.
- That the breach caused the injury.
- The injury led to specific damages.
Evidence typically includes medical records, testimony from qualified professionals, and documentation of the resulting harm. It must be demonstrated that the injury would not have occurred if the appropriate standard of care had been followed.
How Long Does a Medical Malpractice Case Take to Resolve?
Some cases settle before going to trial, while others may take years to litigate. Factors influencing the timeline include the availability of medical records, the willingness of parties to settle, the court’s schedule, and the complexity of the medical issues involved. Patients should be prepared for a lengthy process, particularly if the case proceeds to trial.
What Should I Do if I Suspect Medical Malpractice?
If you believe a healthcare provider’s actions caused you harm, it is important to gather all relevant information. Obtain copies of medical records, keep a detailed timeline of events, and document symptoms and treatments. Consulting with an attorney who has both legal and medical training can work to your advantage.
Silver Spring Medical Malpractice Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Offer Compassionate Legal Guidance
If you have questions about filing a medical malpractice lawsuit, the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates can provide thoughtful legal guidance. With legal and medical qualifications, Dr. Wilson offers a rare perspective on these cases. For a free consultation with a Silver Spring medical malpractice lawyer, complete our online form or call 202-223-4488. Located in Washington, D.C., we serve clients in the surrounding areas, including Northern Virginia and Maryland.
