Can I Sue My Doctor Immediately For Maryland Medical Malpractice?

In many instances victims of medical malpractice think that they can immediately file suit here in Maryland and go straight to a judge and or jury with their case. This is simply not the case as to how the process works. After an investigation and work up of the case is done by the victim's attorney and medical team, the case then proceeds to the Health Care Alternative Dispute Resolution Office pursuant to the Health Claims Arbitration Act.

This process is mandatory for cases which are outside the jurisdiction of the District Court. Each medical malpractice claim is heard by a three person panel which includes an attorney, a health care provider, and someone from the public. Each party to the case can choose an arbitrator who is qualified to hear the case from the Director of the Resolution Office.

However, with this said, any party can file a waiver and then move their case to the Circuit court for a trial. In addition, if you have been watching our other videos you know that you must file a certificate of merit and report from a qualified expert stating that your injury was caused by a departure from the standard of care in your case, and that the departure from the standard of care was the proximate cause of your injuries.