Considerations when filing a medical malpractice suit

Good health is one of the most treasured but often forgotten gifts. It is often not until it is taken away that it is truly appreciated. When Maryland residents are ailing and in need of help, they hand over their health — and sometimes their very life — to medical professionals. When things do not go as planned and serious injury or death results, the victim (or the loved ones if the victim dies) may be entitled to file medical malpractice suits against the party or parties believed responsible.

When an individual believes medical negligence occurred, he or she may be tempted to file a medical malpractice suit immediately. However, it may be appropriate to consider a few options before proceeding with such a suit. To begin with, an individual considering this legal course of action should take a long look at the strength of the evidence, as this will be what the court will analyze with great scrutiny. Some individuals consult a neutral medical professional to review the case and determine whether negligence occurred.

It’s also important to determine which party to sue and to be aware of the time frame in which a suit must be commenced. Many cases fail due to the fact that the wrong party was sued — typically, a hospital was sued when, in fact, it was the doctor who should have been personally sued. Secondly, the Maryland statute of limitations exists bars malpractice claims after a certain amount of time — three years from the discovery of the injury or five years from the injury (whichever is earlier).

However, almost all of the above considerations are moot if the right attorney is not chosen. Many Maryland residents who are victims of medical negligence consult an experienced attorney, as this type of negligence can be very difficult to prove sometimes. Specifically, a medical malpractice attorney with a proven track record is essential, as this is a highly specialized area of law.

Source: The Huffington Post, “6 Things You Should Consider Before Filing a Suit for Medical Negligence“, Toby Nwazor, May 24, 2016