How do doctors know of your malpractice claim? To put the question another way, how will the doctor you claim caused your injury, understand your allegations against them? This was a question we fielded from an individual who wanted to make sure that their doctor knew exactly why they were suing for their injury.
The purpose of this Maryland birth injury and medical malpractice article is to help give you general information regarding the early parts of a malpractice case in Maryland. Remember, if you have specific questions regarding your facts, speak with an attorney about your situation. In addition, if you are not in Maryland please remember that different states may do things in a different manner and you should get an attorney in your jurisdiction to clear up any specific questions.
HOW WILL YOUR ALLEGATIONS BE SUPPORTED?
Before the doctor knows your allegations, you must know, and understand the basis of your allegations. A birth injury, or medical malpractice attorney should do an investigation before concluding whether you have a viable claim. This investigation is done because Maryland law places certain requirements on plaintiffs, people bringing the suit.
The law here requires medical experts to give options and to whether your treating doctor fell below the standard of care, causing your injury and harm. These experts will do this assessment based on reviewing the medical records and other pertinent information. Your attorney can talk with you in more depth about the use of experts.
HOW DO DOCTORS KNOW OF YOUR MALPRACTICE CLAIM?
So back to the question above, how do doctors know about your malpractice claim, allowing them to provide a defense to your allegations? The process starts with the filing of a complaint. A complaint is a document which will outline the factual basis for the cause(s) of action. The information gathered during the investigation of the claim will be used to help draft the complaint.
Doctors are served with the complaint, thus giving them an idea of the allegations against them. A complaint can have as many causes of action as supported by the facts of the case.
One side note, if you are thinking of handling a birth injury, or medical malpractice case on your own, you must know not only where you have to file your case first, but you have to have the correct information in the complaint outlining your allegations. I personally do not suggest that you try and do these types of cases on your own, but ultimately, you have to make that decision for yourself.
MORE QUESTIONS REGARDING YOUR BIRTH INJURY OR MEDICAL MALPRACTICE CLAIM?
How do doctors know of your malpractice claim, and the allegations? Hopefully now you understand the importance of a complaint and its factual basis for your cause(s) of action.
To speak with me further, 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 talk with families regarding birth injuries dealing with the brain, cerebral palsy, and other types of injuries all the time and I would be happy to listen to what happened with you and your baby.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP