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A medical error or misdiagnosis can lead to unnecessary and painful injuries, and when you are a victim of medical negligence, what comes next? If you hurt or a loved one is killed due because of medical malpractice, you have the right to seek compensation from a hospital, treatment facility or doctor and you need to understand what the process of filing a medical malpractice claim in Maryland entails.
When a person is injured by surgery, medical treatment or misdiagnoses, recovering compensation is more complicated than other types of personal injury suits. Usually, the statutes of limitations are different than other personal injury claims and victims must prove their claim has merit.
In the Maine, the statute of limitations for medical malpractice claims is three years. If the victim is under the age of 11, no statute of limitations applies. Over the age of 11, then time limit applies.
Within 90 days of filing your medical malpractice claim, you must submit a certificate of merit from a medical from qualifying medical expert. According to the National Conference of State Legislators, a certificate of merit must demonstrate the following:
You must also show that you followed a doctor’s recommendations and that your injury was not a result of your failure to follow a doctor’s instructions.
In the past, Maryland law required anyone with a medical malpractice suit to resolve their claim through arbitration. Now, if one party objects to arbitration the process can be waived the injured party’s suit can resolved with a settlement or in civil court.
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