How do I know whether I have a medical malpractice case in Maryland?

You cannot tell from the result alone. Most bad outcomes are not malpractice at all. A case needs care that fell below the nationally recognized guidelines and a departure that caused the injury, and another doctor has to be willing to say so. On a first call I can often tell someone there is no case. When there may be one, it takes months of investigation before I can say.

What are the stages of a Maryland malpractice case, from the first call to the end?

It starts with a long interview where you tell the story in your own words. Next I go through the medical records, build timelines, and have practicing doctors review them. A doctor signs a certificate of qualified expert, which is generally required. Then I file a complaint naming every party that belongs, and litigation begins. Virtually all cases, I think, go through mediation, and the decision to settle is yours.

What deadlines can end a Maryland malpractice claim?

Two clocks run, and missing either can end a strong case. For an adult I count three years from the injury, the conservative rule I give clients. The statute, section 5-109, sets the earlier of five years from the injury or three years from discovery, and a child gets far more time. The certificate has its own clock. As I put it, "if things are even one minute late, it's like they're a hundred years later."

What does a lawyer look for before taking a malpractice case?

A departure from the standard of care that caused the injury, a practicing doctor willing to sign the certificate, enough injury to justify an expensive case, and enough insurance. On that last one, there has to be enough insurance behind the case for me to tell a client plainly that there is a meaningful chance of a recovery. When one of these is missing, I tell the caller why.

Why does a malpractice case need an experienced malpractice lawyer?

The deadlines are unforgiving and the litigation tools are complicated. A party left out of the complaint can leave a family out of luck, and those tools are meant for lawyers with a lot of experience. The lawyer has to know the rules and file things on time. The research on who to name comes before the complaint.

Which decisions in my case are mine and which are my lawyer's?

Whether to file and whether to settle, and for how much, are yours. Strategy, briefs and wording are mine, though I bounce strategic ideas off my clients and keep them updated. As I put it, "It's their choice whether to file a lawsuit or not." I say this up front: if I bring you a number I think is fair and you do not, you can tell me no and we go to trial.

Do malpractice lawyers dislike doctors?

No, and I think that is the biggest misconception about lawyers like me. I do not hate doctors, and I have doctors who are my friends. Ethics bind me, a practicing doctor has to sign off, and a lawyer who files weak cases goes out of business. Most callers hear from me that the healthcare system did the right thing by them and that they do not have a case.

Does a Baltimore malpractice lawyer handle only birth injury cases?

No. Birth injury runs through this book because, in my words, these are "the toughest cases, at least for me, to handle." The calls I hear most often are about surgical complications, and I also take anesthesia errors, misdiagnosis, failure to diagnose and neurosurgery cases, such as spinal and neck fusions. Not a lot of lawyers handle birth injury.

What can a lawsuit do for a family, and what can it not do?

A lawsuit can bring compensation and accountability. It cannot undo what happened, and I tell clients so. Compensation can help a family pay for care, therapies and lost work that insurance does not cover. An apology is different. I cannot promise one, and in thirty-five years it has not happened much.

What if I am not the suing type?

Callers tell me "I'm not the suing type", and I understand it. I believe that feeling comes largely from a message pushed by organizations with money behind them, insurance companies among them, that want to narrow access to justice. A malpractice case is not a lawsuit against anybody for anything. A doctor has to sign a certificate, and I turn away most of the people who call.

Contents

Back matter

Frequently Asked Questions

4 min read3 pages

How do I know whether I have a medical malpractice case in Maryland?: You cannot tell from the result alone. Most bad outcomes are not malpractice at all. A case needs care that fell below the nationally recognized guidelines and a departure that caused the injury, and another doctor has to be willing to say so. On a first call I can often tell someone there is no case. When there may be one, it takes months of investigation before I can say.
What are the stages of a Maryland malpractice case, from the first call to the end?: It starts with a long interview where you tell the story in your own words. Next I go through the medical records, build timelines, and have practicing doctors review them. A doctor signs a certificate of qualified expert, which is generally required. Then I file a complaint naming every party that belongs, and litigation begins. Virtually all cases, I think, go through mediation, and the decision to settle is yours.
What deadlines can end a Maryland malpractice claim?: Two clocks run, and missing either can end a strong case. For an adult I count three years from the injury, the conservative rule I give clients. The statute, section 5-109, sets the earlier of five years from the injury or three years from discovery, and a child gets far more time. The certificate has its own clock. As I put it, "if things are even one minute late, it's like they're a hundred years later."
What does a lawyer look for before taking a malpractice case?: A departure from the standard of care that caused the injury, a practicing doctor willing to sign the certificate, enough injury to justify an expensive case, and enough insurance. On that last one, there has to be enough insurance behind the case for me to tell a client plainly that there is a meaningful chance of a recovery. When one of these is missing, I tell the caller why.
Why does a malpractice case need an experienced malpractice lawyer?: The deadlines are unforgiving and the litigation tools are complicated. A party left out of the complaint can leave a family out of luck, and those tools are meant for lawyers with a lot of experience. The lawyer has to know the rules and file things on time. The research on who to name comes before the complaint.
Which decisions in my case are mine and which are my lawyer's?: Whether to file and whether to settle, and for how much, are yours. Strategy, briefs and wording are mine, though I bounce strategic ideas off my clients and keep them updated. As I put it, "It's their choice whether to file a lawsuit or not." I say this up front: if I bring you a number I think is fair and you do not, you can tell me no and we go to trial.
Do malpractice lawyers dislike doctors?: No, and I think that is the biggest misconception about lawyers like me. I do not hate doctors, and I have doctors who are my friends. Ethics bind me, a practicing doctor has to sign off, and a lawyer who files weak cases goes out of business. Most callers hear from me that the healthcare system did the right thing by them and that they do not have a case.
Does a Baltimore malpractice lawyer handle only birth injury cases?: No. Birth injury runs through this book because, in my words, these are "the toughest cases, at least for me, to handle." The calls I hear most often are about surgical complications, and I also take anesthesia errors, misdiagnosis, failure to diagnose and neurosurgery cases, such as spinal and neck fusions. Not a lot of lawyers handle birth injury.
What can a lawsuit do for a family, and what can it not do?: A lawsuit can bring compensation and accountability. It cannot undo what happened, and I tell clients so. Compensation can help a family pay for care, therapies and lost work that insurance does not cover. An apology is different. I cannot promise one, and in thirty-five years it has not happened much.
What if I am not the suing type?: Callers tell me "I'm not the suing type", and I understand it. I believe that feeling comes largely from a message pushed by organizations with money behind them, insurance companies among them, that want to narrow access to justice. A malpractice case is not a lawsuit against anybody for anything. A doctor has to sign a certificate, and I turn away most of the people who call.

Keep the whole book