If you or someone you love was recently injured by a doctor or healthcare provider that you trusted, it is only expected to feel angry, hurt, and confused. If you are contemplating filing a medical malpractice lawsuit, you may feel overwhelmed by where to start. And if you already started searching for an attorney to take your case, you might feel disheartened if you have been turned down.
Medical malpractice claims are highly complex, time-consuming, and even expensive. It can be more challenging to find the right legal team than you initially think. If you are wondering how to get a Maryland medical malpractice lawyer to take your case, we compiled a list of 5 tips for you. These tips may greatly increase the chance of a medical malpractice attorney to take your case.
If you have any questions or would like to speak with an experienced attorney, please contact us online today.
5 Tips to Get a Maryland Medical Malpractice Lawyer to Take Your Case
Finding an attorney—and the right attorney—is not always as straightforward as TV and movies depict. It is often more complex than picking up the phone and hiring a lawyer. The lawyer also has to agree to accept the case. Here are five tips for getting a medical attorney to take on your lawsuit.
Act Within the Statute of Limitations
The statute of limitations is the deadline you have for initiating a lawsuit. They exist for almost all types of cases, including medical malpractice claims. In Maryland, the timeframe in which a medical malpractice victim must file their lawsuit is the earlier of the following deadlines:
- Three years from when you discovered or reasonably should have discovered the injury or
- Five years from the date of your injury.
Some exceptions can extend the time to file your claim.
Speaking with a lawyer early on will ensure, no matter which deadline applies to you, that you and your attorney have ample time to pursue your case.
Gather Evidence
Gather evidence and proof of your claim to the best of your ability. Walking into a lawyer’s office for a consultation on a medical malpractice case empty-handed is not the best start. You should gather as much potential evidence as possible to support your claim before consulting with an attorney. This can include:
- Medical records from the incident and service that caused your injury,
- Medical records from subsequent necessary treatment,
- Medical bills, receipts, and invoices,
- Proof of lost wages and time missed from work,
- Any communication between you and the negligent provider and
- Any other documents, records,etc. that you might have to prove your claim.
Collecting and organizing these documents to present to potential attorneys can be vital to them accepting your case. It shows that you have a valid claim, proof to back it up and that you are organized and thorough.
Make Sure the Attorney Specializes in Medical Malpractice
More often than you might think, medical malpractice victim’s cases are declined by an attorney simply because they do not practice or specialize in medical malpractice law. These cases can be highly complex and specialized, and if a lawyer or law firm does not routinely practice in this niche, they may decline to accept the case.
It does not necessarily mean you do not have a valid claim. Even many personal injury attorneys do not take on med malpractice cases. It is essential to ensure that you are meeting with medical malpractice attorneys.
Certified and Licensed Healthcare Provider
To have a successful medical malpractice claim, a certified physician must have performed the medical procedure that caused your injury at a licensed medical facility.
As the plaintiff, you must prove that you were the doctor or medical provider’s patient, they had the requisite knowledge in the medical field, and they negligently committed errors that caused your injury.
If the doctor or facility is not certified and licensed, you may have an injury but no legal recourse.
Certificate of Merit
In Maryland, you must submit a certificate of a qualified expert for all medical malpractice lawsuits. The plaintiff’s attorney must obtain this certificate from a qualified medical expert showing a reasonable basis for their claim. It must be filed within 90 days of filing your claim in the Health Care Alternative Dispute Resolution Office; otherwise, you risk your case being dismissed.
While this is best done by your attorney, after you hire one, it is something to keep in mind when meeting with potential lawyers. You will be required to obtain and submit this certificate, so you must believe you have a strong enough basis for your claim.
3 Tips for Finding the Right Medical Malpractice Lawyer for You
Now you know how to get a Maryland medical malpractice lawyer to take your case, the next step is finding the right attorney. You want to ensure you are searching for lawyers that take malpractice cases.
Not every Maryland medical malpractice attorney will be the one for your case. It is essential that you mesh with your lawyer and not clash. Just like any relationship in your life, you want to trust your lawyer, be on the same page, and generally get along.
Ask Those Closest to You for a Referral
As with many other types of services, sometimes the best professional recommendations come from family and friends. If they have gone through a medical malpractice case themselves, they can recommend their attorney if they were pleased with the outcome and overall experience. On the other hand, if they did not have a favorable outcome, they may be able to tell you which attorney to avoid.
Research Potential Attorneys and Law Firms Online
In 2023, most lawyers have an online presence through a website, social media, or both. Researching law firms and individual lawyers online can provide valuable information and insight into their professional achievements. While we do not recommend relying solely on online reviews, it can be an excellent place to start to narrow down your list of potential candidates.
Interview Prospective Lawyers
Consultations are not just a time to convince an attorney to take your case but also an opportunity for you to learn more about that attorney and how they can help you.
After an initial meeting, you will probably know if the lawyer is the right one for you.
You can also turn to your local bar association or courthouse for a list of recommended attorneys.
BMBF: Medical Malpractice Attorneys in Maryland
At BMBF, we have the experience, knowledge, and resources to assist you with your medical malpractice case. We recovered nearly $15 million for one of our medical malpractice clients. Let us get to work for you. Contact us for a compassionate and confidential consultation.
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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