When you place your health in the hands of medical professionals, you trust them to provide safe and competent care. Unfortunately, serious errors sometimes occur, and when they do, the consequences can be devastating. If you’ve suffered harm due to medical negligence, filing a medical malpractice lawsuit in Maryland can help you recover compensation for your injuries and hold negligent providers accountable.
At Simeone & Miller, our experienced attorneys guide patients and families through every step of the legal process, from gathering evidence to consulting experts and navigating Maryland’s complex medical malpractice laws. Here’s what you need to know to get started.
Step 1: Obtain and Review Your Medical Records
The first step in any medical malpractice claim is to collect all relevant medical records related to your treatment. These documents will serve as the foundation of your case, providing evidence of what care you received and when errors may have occurred.
Medical records may include:
- Hospital and clinic records
- Diagnostic imaging and test results
- Physician and nurse notes
- Prescriptions and medication logs
- Discharge summaries and follow-up instructions
Maryland law allows patients to request copies of their medical records from providers. It’s best to make these requests as soon as possible, as obtaining records can take time. Once collected, your attorney can review them to identify potential errors and determine whether you have a viable claim.
Step 2: Determine Whether Medical Negligence Occurred
Not every poor medical outcome is malpractice. To have a valid case, you must prove that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused your injury.
Examples of medical negligence may include:
- Misdiagnosis or delayed diagnosis of a serious condition
- Surgical errors, such as wrong-site surgeries or retained instruments
- Medication errors, including incorrect dosages or dangerous drug interactions
- Birth injuries resulting from improper fetal monitoring or delayed C-sections
- Failure to order necessary tests or follow up on abnormal results
An experienced Maryland medical malpractice attorney can evaluate your situation to determine whether negligence likely occurred and whether it caused your injuries.
Step 3: File a Certificate of Qualified Expert
Maryland has unique procedural requirements for medical malpractice claims. Before filing a lawsuit, state law requires that you file a Certificate of Qualified Expert within 90 days of submitting your claim to the Health Care Alternative Dispute Resolution Office (HCADRO).
This certificate must be signed by a medical expert who practices or teaches in the same or similar field as the defendant. The expert must attest that the healthcare provider breached the standard of care and that this breach caused your injury.
This requirement is extremely important, as without a valid certificate, your case can be dismissed. Simeone & Miller works closely with trusted medical experts to ensure this part of the process is completed properly.
Step 4: File Your Claim with the Health Care Alternative Dispute Resolution Office
In Maryland, all medical malpractice claims must first be filed with the HCADRO, unless both parties agree to waive this requirement. This administrative step gives parties the opportunity to resolve disputes through arbitration before going to court.
You can choose to waive arbitration and proceed directly to circuit court after filing the certificate of qualified expert. Many plaintiffs choose to do this, but it’s important to discuss your strategy with an experienced attorney to determine the best path forward for your case.
Step 5: Comply with the Statute of Limitations
In Maryland, the statute of limitations for medical malpractice cases is generally:
- Three years from the date you discovered the injury, or
- Five years from the date the injury occurred, whichever comes first.
For minors and cases involving wrongful death, different timelines may apply. Missing these deadlines can bar you from pursuing compensation, so it’s essential to act quickly and consult a lawyer as soon as you suspect malpractice.
Step 6: Build Your Case with Expert Testimony and Evidence
Medical malpractice claims are often complex and expert-driven. Your legal team will gather evidence, consult with medical professionals, and build a compelling case to prove negligence and damages. This may include:
- Depositions of healthcare providers and witnesses
- Additional expert medical opinions
- Demonstrating how the negligence caused your injury
- Documentation of economic losses (medical bills, lost wages, future care costs)
- Evidence of non-economic damages (pain and suffering, diminished quality of life)
This step is crucial because Maryland law caps non-economic damages in medical malpractice cases, so presenting strong economic evidence is often key to maximizing compensation.
Step 7: File Your Lawsuit and Proceed Through Litigation
Once all pre-suit requirements are met, your attorney will file your medical malpractice lawsuit in the Maryland circuit court. The litigation process typically involves:
- Discovery (exchange of evidence and depositions)
- Pre-trial motions and hearings
- Settlement negotiations or mediation
- Trial, if a fair settlement isn’t reached
Many malpractice claims settle before trial, but preparing the case thoroughly ensures you’re ready to fight in court if necessary.
Contact Simeone & Miller for Help Filing a Maryland Medical Malpractice Claim
Filing a medical malpractice case in Maryland involves strict deadlines and detailed procedural steps. Missing even one requirement can jeopardize your case. At Simeone & Miller, we have the experience, resources, and network of medical experts needed to handle these complex claims effectively.
If you believe you’ve been harmed by medical negligence, contact Simeone & Miller today for a free consultation. Our team will review your case, explain your legal options, and fight to secure the compensation you deserve.
