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Steps to Filing a Maryland Malpractice Lawsuit

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Unfortunately, medical malpractice claims are more common than you may think both in Maryland and throughout the United States. If you or someone close to you has been injured due to the negligence of a medical professional, it is important to seek the help and guidance of a Baltimore medical malpractice attorney who can assess the facts of your case. At Arfaa Law Group, we understand the nuances of this area of law and can help you seek the compensation you deserve for your harm.

Medical malpractice occurs when a medical professional fails to use the generally accepted level of care that another medical professional in the same specialty would have used in the same situation, resulting in harm to the patient. It is important to note that not every bad outcome in medicine is the result of medical malpractice. Some treatments or procedures are inherently risky, or the patient may experience routine complications.

Every state has its own laws and procedural rules governing medical malpractice. Under Maryland law, such claims must be filed before an arbitration board, so the case originates in Health Claims Arbitration. You must file a statement of claim, and within 90 days, you are required to provide a certificate of merit from a physician that states your claim has merit.

The certificate of merit from the physician must include the following information:  the specific injury complained of, the alleged deviation from the standard of care, what the medical professional should have done to adhere to the standard of care, and how the medical professional’s deviation from the standard of care was a direct and proximate cause of your harm. This requirement is to parse out frivolous claims from legitimate ones.

Once the plaintiff’s statement of claim is filed, the defense must file their answer and certificate. The defendant can show that they complied with the standard of care or, alternatively, demonstrate that the deviation from the standard of care was not the reason for the plaintiff’s injury.

Either party can then waive out of arbitration. If the matter goes all the way through arbitration, a final decision is made by a three-member panel, which can be appealed by either side. If instead the matter is waived out of arbitration, then the case typically gones straight to court and proceeds like all other civil matters.

In Maryland medical malpractice cases, medical experts must establish the standard of care in the medical community for treating a patient with the same condition. The physician in the case must also testify that there is more than a 50 percent chance that your harm would not have taken place if medical malpractice had not occurred. In other words, it is more likely than not that your injury was a direct result of medical malpractice.

At Arfaa Law Group, we have years of experience handling virtually all types of medical malpractice claims. Our team is well versed in this area of law and can put our knowledge to use in your case. With years of experience, you can trust that we will vigorously advocate for your rights at every step of the way. For more information, call 410-889-1850 or contact us online.

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