Can you settle your medical malpractice case after a lawsuit is filed? In my experience, from talking to individuals about this issue, there can be confusion surrounding this topic. If you are reading this article and have this question, keep reading, as the article will give insight into the medical malpractice settlement process in Maryland.
If you are outside of the state of Maryland with this issue, I suggest that you run this question by your local counsel for a better understanding in your jurisdiction.
HOW TO PROVE MEDICAL MALPRACTICE IN MARYLAND…
Before reaching the above question of can you settle your medical malpractice case after a lawsuit is filed, I would like to explain how you prove medical malpractice in Maryland. Under Maryland tort law, there are four elements to prove in negligence cases. They are the following:
- BREACH OF DUTY
If these elements are missing in your case, you will not be successful. With that said, you must also show in medical malpractice cases that your treating doctor fell below the standard of care owed to you at the time, causing your injury. This is done using medical experts. Without these opinions, your medical malpractice case will not be successful.
For individuals who attempt to handle their own medical malpractice case, requirements like these, and others, can lead to roadblocks if missed.
SETTLE YOUR MEDICAL MALPRACTICE CASE AFTER A LAWSUIT IS FILED?
Contrary to what some may think, you can still attempt to settle and resolve your medical malpractice case even after the case is filed in the appropriate court. As a matter of fact, in some instances both sides will continue to work on a meeting of the minds even after the case has a court case number.
It is also important to remember that it is ultimately up to the client to either move forward to a trial or resolve the case without a trial. Your attorney can give advice, but the final direction is at the feet of the client.
MORE QUESTIONS REGARDING YOUR MEDICAL INJURY?
If you have more questions regarding your medical injury, or regarding can you settle your medical malpractice case after a lawsuit is filed, this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815