If you are considering filing a medical malpractice lawsuit in the state of Maryland, it is good to be informed about what the laws and regulations are. Medical Malpractice cases are some of the most complex, so it is good to be as prepared as you can. Here are some of the medical malpractice laws in Maryland.
Statute Of Limitations
In every state, there is a limited time period for you to file a lawsuit before it becomes invalid. In Maryland, claims must be filed within the shorter of five years of the date that the malpractice occurred or three years of discovering the injury. Minors on the other hand have until their twenty-first birthday to file a lawsuit for an injury which occurred when they were a minor. If you are bringing on a wrongful death lawsuit, you have three years from the date when the person passed away to file your case. These rules can become confusing and there may be exceptions to them, so you should always discuss these issues with an attorney.
Notice And Arbitration
You have 90 days within filing your malpractice statement of claim to file a certificate of merit and report from a medical expert. This is basically a certificate that states the injury you sustained, the alleged breach of the standard of care of the doctor’s part, and it must conclude that the doctor’s negligence is what led to your injuries. The defendant in the case must also file a certificate that suggests that the plaintiff’s merit is incorrect. Arbitration is suggested to both parties, however if one party does not want to go that route, the case goes directly to a lawsuit.
In a medical malpractice case, you must always have a medical expert take the stand to testify that your injuries were in fact a result of the doctor’s negligence. In Maryland, a qualified expert is a licensed professional that is knowledgeable in the standard of care in the field of the person who you filed a claim against.
Damage Caps And Liability
Maryland follows the law of contributory negligence, which says that if the plaintiff contributed in any way to their injuries, no compensation can be received. Damages are also capped in Maryland, meaning there is a maximum that you can receive.
Have You Or Your Loved One Been A Victim Of Medical Malpractice? Call The Snyder Law Group Today
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