Maryland childbirth injury and medical malpractice attorney Marcus Boston explains trying to settle your Maryland car accident case and medical malpractice issues.
“Mr. Boston I was in a car accident a couple of years ago and I needed to go to the doctor.”
“The doctors in the emergency room told me what I was dealing with and I found a doctor in my insurance network that could help me.”
“The doctor that I went to though for my car accident injuries was not that good and I told the car insurance adjuster about it.”
“I think that I may be the victim of medical malpractice because of the doctor’s actions.”
“I did not think that I needed an attorney to help me on my car accident case so I did it on my own.”
“Things looked straight forward and not complicated.”
“I settled my Maryland car accident case over a year ago but I’m still having problems from the bad treatment my doctor gave me from the car wreck.”
“Can I now go ahead and sue the doctor for medical malpractice?”
You Have To Bring All Your Claims…
In some cases I have said that it might be in your best interest to go ahead and handle your car collision case on your own.
For example, if you know that you don’t have time to make all your doctor’s appointments or you know that you need the case to be over really fast, it might be best for you to handle the case on your own.
With that said, if things do not look “straight forward” for you it may be a good idea to at least speak with an attorney before settling or concluding your car collision case.
Why A Case Like This Is Tricky…
Under Maryland law, a strong argument can be made that medical malpractice stemming from a car collision case is foreseeable, especially in the facts above.
Add to this, the car collision victim above was on notice that something may not have been right with the treatment he was given, according to him.
As a result of this, a car collision victim needs to make sure that he or she has identified all of their claims before settling their case, or bringing and completing a law suit.
“The Plaintiff Is Just Trying To Get Two Bites At The Apple…”
The law in general requires that when a plaintiff brings their case they have all of their claims included.
If the plaintiff does not bring all of the claims which stem out of the underlying event the saying that “he or she is trying to get two bites at the apple” may be used by the defense.
Essentially, they will be arguing that the second claim, the medical malpractice claim in this example, should not go forward because the underlying claim, the car collision case, has been settled.
What Should You Do If You Have More Questions?
As I already mentioned above, if you have any inclination that things may not be right with your car collision case you should speak with a Maryland car collision attorney before signing off on any settlement paperwork.
You do not want to be in a position later down the line where you are barred from bringing a claim.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815
Maryland Medical Malpractice Trial Attorneys