Have You Been Injured Due to Medical Negligence? Our Medical Malpractice Lawyers Explain Your Next Steps

When a patient suffers an injury due to medical negligence, they are entitled to take legal action against the negligent medical professional.

When a patient suffers an injury due to medical negligence, they are entitled to take legal action against the hospital and medical professional who was negligent. However, this process can be complicated and cumbersome. There are several steps that a patient and/or their family must take to recover the compensation they deserve.  

A few important steps in a medical malpractice case include the following:

While there is no requirement to have an attorney handle your case, an experienced medical malpractice lawyer can significantly increase your chances of success. Medical negligence is a very complex area of law, requiring additional steps that other cases do not. For example, to pursue a case against a doctor, you need a medical expert specializing in the same or similar field as the doctor. That expert must meet certain qualifications and sign a report opining that you were harmed by a breach in the standard of care. That expert (or another expert) must also opine that the breach in the standard of care caused your injury. It can be complicated for someone with no connections in the medical world to find such an expert. Additionally, these experts often cost hundreds, if not thousands of dollars just to review a case. Law firms like Cardaro & Peek offer free consultations to learn what your rights may be. We will also pay the upfront costs for your case, and only get paid if we obtain a settlement or verdict in your favor.

All hospitals have records of every patient they have treated. These medical records are critical in proving medical negligence. The medical records will have the date of admission, diagnosis, treatment, and other relevant information to support your case. At Cardaro & Peek, our team of experienced attorneys and medical professionals will review your records to determine areas of concern before sending the records out to medical experts for their review. Once the experts review the records and determine that there was a breach in the standard of care that caused damages, your case is ready to be filed.

Medical malpractice claims should be filed promptly and properly. This is because of the statute of limitations, which is a time limit on filing a lawsuit. The failure to file a complaint within the statute of limitations can result in the outright dismissal of your case before it begins. It is important to note that the expert review process can take weeks if not months. Moreover, with medical malpractice cases, you cannot just file the case at your county courthouse. A claimant must first go through the Health Claims Alternative Dispute Resolution Office, which has its own set of rules and procedures (this is another reason an attorney can be helpful). 

3) Exchange Discovery

After you file your case and the defendant(s) serve an answer, the parties will begin discovery. Discovery is simply the exchange of information, much of which will be used as evidence in your case. 

A major part of discovery testimony from the parties, such as depositions of the defendant healthcare provider(s), both parties’ expert witnesses, and the plaintiff(s). Keep in mind that if you do not have an attorney, you will be conducting these depositions yourself.

After discovery is complete, the parties may file various motions. Motion practice is very important, the parties may try to limit certain expert testimony or strike the expert altogether or obtain relief on certain counts/issues.  Once all of that is done, you will start getting ready for trial.  

Of course, the truth is that a large percentage of medical malpractice cases are resolved without a trial. Many cases go to mediation, where the parties meet with a mutually selected and neutral third party. Importantly, the mediator does not assign blame or render an opinion on the merits of the case. Instead, the mediator attempts to bring the parties together and work with both sides to reach a mutual agreement to resolve the case.

If your case does go to trial, your attorney (or you if you decide not to hire an attorney) will pick the jury, present the opening arguments, and follow with your case in chief. This involves calling your expert witnesses to obtain their testimony, as well as submitting exhibits that are designed to establish a) what the appropriate medical standard of care was (i.e., what the doctor should have done); b) that the defendant healthcare provider breached the standard of care (i.e., what the healthcare provider did or did not do in treating you); and c) that you suffered harm (damages) as a result of the breach in the standard of care. Then, the defendant(s) will present their case. This process can take days or weeks.

After both parties rest their cases, each side will present a closing argument. Much like opening arguments, closing arguments will highlight the strengths of your case, and use any testimony/evidence from the trial to further support your case. Once closing statements are finished, the judge will instruct the jury on the appropriate facts and law they are to rely upon when reaching a verdict, and send them off to deliberate. When the jury returns with a verdict, the case is over. If the jury decides in the plaintiff’s favor, they will also allocate damages. Upon entry of final judgment, you will start the process of collecting damages.

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington, D.C.  Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

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