We go to doctors when we feel sick or something is wrong with our health. We rely on doctors to make decisions that we do not have the knowledge to make ourselves. Medical treatment requires a lot of trust in your doctor, but sometimes that trust is broken. If a doctor’s mistake caused you additional harm or made your medical condition worse, you may have a medical malpractice claim. Keep reading to learn more about medical malpractice claims in Baltimore from the experienced Maryland medical malpractice attorneys at Rice, Murtha & Psoras.
How Do I Get My Claim Started with an Attorney in Baltimore?
Before we can file your claim in court, we must analyze your case and determine if you have a legitimate claim for medical malpractice in Baltimore. One of the first things we must figure out is when the malpractice occurred. Civil lawsuits in Maryland are subject to statutes of limitations. These statutes impose time limits on when you can file a civil claim. For medical malpractice claims, a plaintiff has five years from the date of the malpractice to file their case in court. If more than five years have passed, you might be out of luck. You might not have realized malpractice occurred until sometime after the fact. Perhaps you did not begin to feel pain or notice a difference in your health until much later. In that case, you have three years from the date you discovered your injuries to file your claim. If you are unsure about which statute of limitation to abide by, the three- or five-year time limits, you must follow whichever one would occur first.
Once we have established that you have a legitimate claim and you are within the statute of limitations, we must determine the extent of your injuries. This will require that we look at your medical history and records. it might also necessitate some additional visits to a doctor. Knowing the extent of your injuries and how they were caused is crucial to establishing damages. Think of damages as the price tag on your injuries. If you have severe injuries, we can claim more extensive damages.
What Kind of Evidence Do I Need for a Medical Malpractice Claim in Baltimore?
You can never have too much evidence when filing a medical malpractice claim. the most important evidence will undoubtedly be your medical records. These records contain a history of your visits to the doctor and what conditions you were treated for. They will also explain which doctors treated you, any performed procedures, and any medications that were administered or prescribed.
In addition, we will need to collect statements from you and the people close to you regarding your medical condition before and after your treatments. This will not only help us piece together a more accurate and detailed timeline of events, but it can provide us with descriptions of what your life is like after suffering malpractice at the hands of your doctor. You should explain what kind of pain you are in and any activities you can no longer perform because of your treatments.
It is critical that, if you have not done so already, you see a different doctor and get another medical evaluation. A second doctor will determine the true extent of your injuries and provide insight into how they were caused. A new doctor can also act as an expert witness and testify in court about your injuries and state whether or not they believe medical malpractice is responsible.
We will also need some proof of your damages. If you can no longer work, we can use old pay stubs to prove how much money you were earning before you were injured so we can claim lost wages as part of your damages. We will absolutely need any medical bills you have from seeking treatment for your injuries. the cost of your medical expenses will also be factored into your damages. Any documentation that shows some monetary loss or expense will be extremely helpful.
Do I Need a Doctor’s Help with My Medical Malpractice Claim in Baltimore?
As mentioned previously, we will probably need the help of another doctor. First, another doctor will have the knowledge and skills to analyze your medical records and determine if your previous doctor committed malpractice. Medicine is an extraordinarily complex and scientific field of study, and an attorney is not in the best position to analyze your medical condition.
Second, we need a new doctor to act as an expert witness. Expert witnesses are not like eyewitnesses. They did not actually see the events in question unfold. However, they are highly skilled and intelligent people trained in relevant scientific fields who can offer critical opinions of your case. We can have a new doctor testify in court that your injuries are likely the result of medical malpractice.
What Happens After I File My Medical Malpractice Claim in Baltimore?
Once we are ready, we will file your medical malpractice complaint with the appropriate court. After we file the complaint and serve all the necessary parties with notice, the discovery process begins. During this phase, both sides of the case must exchange all relevant evidence and information. This means we must give the defendant all our information regarding your injuries and medical history and reports from any expert witnesses. In return, we will be provided with all the defendant’s relevant information, evidence, and reports. This allows both sides to strategize most effectively.
We may also use this time to reach a settlement. After exchanging information during discovery, the defendant may realize that we have a solid case, and they are unlikely to win at trial. the defendant may make a settlement offer. This means the defendant will pay you a sum of money, likely smaller than the amount in damages you claimed in your complaint, in exchange for dropping your lawsuit. Settlement offers can be accepted, denied, or negotiated. If you are open to a settlement, we can help you negotiate the best settlement possible.
Call Our Baltimore Medical Malpractice Attorneys for a Consultation
If you have suffered injuries at the hands of a trusted doctor, you may have a valid medical malpractice claim. Please reach out to our Baltimore medical malpractice attorneys at Rice, Murtha & Psoras. Call (410) 694-7291 to set up a free, confidential consultation regarding your claims.