Process

The process of a Maryland medical malpractice case refers to the twelve phases involved in a case from start to finish. A doctor has injured you, and you have questions and need help. The process starts when you contact the Kopec Law Firm for a free consultation. You speak directly with Mark Kopec. He is a top-rated Maryland medical malpractice lawyer. Usually, during the initial call, attorney Kopec can tell you if we can further investigate your case.

Investigation Process for the Maryland Medical Malpractice Case

If we can further investigate your case, we will send you the investigation engagement documents. These include the contingency fee attorney agreement and medical records authorization. These documents then allow us to start the investigation by getting your medical records.

The medical records are the core of the investigation. They will have details of your medical complaints and everything the doctors did. These details include test results. All of the entries have the date and time.

Suppose our analysis of the medical records reveals the potential for medical malpractice. In that instance, we hire experts by sending the records to an independent doctor who will review the records and give an expert opinion on whether there is medical malpractice. Maryland law has expert requirements for medical malpractice cases, including expert certification.

Lawsuit Process for the Maryland Medical Malpractice Case

Once an expert certifies the claim, we then file your case with the Health Care Alternative Dispute Office (HCADRO). We will waive arbitration and transfer your medical malpractice case to the circuit court.

The Circuit Court issues a scheduling order to set the case’s dates and deadlines. It may include the trial date, which will be the last event in the case. The process from filing in the circuit court until the trial date can often take between a year and a year and a half.

The discovery period has the first group of deadlines. During this time, the parties exchange documents and written questions. They designate expert witnesses and can take the depositions of all witnesses.

After discovery is completed, the case process turns to the resolution phases. At this time, the parties usually mediate the case. The parties meet with an independent mediator and attempt to reach a voluntary settlement to the case. This is the time that most cases resolve.

If the case does not settle in mediation, then the medical malpractice case process continues with the pretrial phase. The parties can file motions asserting that they are entitled to judgment on one or more claims and to limit the evidence at trial. There also is a pretrial conference with the court at which the parties meet with the judge to discuss the motions and the trial.

Trial Process

The trial begins the final phase of the Maryland medical malpractice case process in the circuit court. The parties then can file post-trial motions and have a right to appeal.

In addition to the links throughout this process page, we provide additional resources for your case.

To start this process for your case, visit the free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore medical malpractice lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C.