Baltimore Medical Malpractice Lawyers

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In the state of Maryland, as in any other state, there is a statute of limitations on when you can file a malpractice claim. A Baltimore medical malpractice lawyer can advise you specifically on your case, however in general all cases must be filed within five years of the date of the injury or within three years of the discovery of the injury. Since this can be somewhat confusing, getting legal help as soon as you believe you have been wrongfully or incorrectly treated in a medical procedure is essential.

Damage Caps And Awards in Maryland

Baltimore medical injury awards are structured slightly different than other states. There are set caps or limits on non-economic awards, however each year the base level on non-economic awards automatically increases by $15,000 on October 1st. The original base for non-economic awards was set a $500,000 for cases filed after October1, 1994.  Non-economic awards are provided for such claims as pain and suffering, disfigurement, inconvenience and physical impairment but do not include anything that would fall under punitive damages. Punitive damages refer to fines against someone found guilty that are designed to punish or correct a behavior. 

Arbitration Versus Court Procedure

In many cases your Baltimore medical malpractice lawyer will recommend arbitration over going to court. Arbitration is an option provided for in the Maryland statutes on medical malpractice and it can speed up the findings and awards in your case. In Maryland the medical malpractice cases are heard by an arbitration panel that makes a decision on the amount of the award as well the liability of the medical health providers in relation to the claim if there is more than one. The findings of the panel are assumed to be valid by a court, however any party can reject the arbitration panel decision and move to a court proceeding.

Your medical negligence attorney in Baltimore will be able to advise you of each step along the way, as well as gather evidence, expert witnesses and medical documents necessary to prove your case. He or she will also be able to advise you on what you can reasonable expect as a settlement award based on experience and understanding of the law.

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