Medical malpractice cases fall under the umbrella of personal injury law in Maryland, allowing compensation for victims who suffer harm because of physician errors. While some cases go to trial, many settle by agreement, an outcome that benefits both sides.
However, Maryland med mal claims are subject to distinct procedural rules that shape settlement discussions. You can rely on a Baltimore County medical malpractice lawyer to guide you through the process, but a summary will help you understand the factors that affect settlements.
What Happens After You File a Medical Malpractice Claim?
Once you file a med mal lawsuit, the case does not go straight to the courtroom. Maryland law requires most claims to pass through a review process first. This step exists to weed out weak claims early and give both sides a clearer picture of the evidence, before settlement talks or going to trial. Your attorney must complete certain tasks, including:
- Gather medical records
- Consult expert witnesses
- Prepare a certificate confirming your case has merit
Maryland’s Health Care Alternative Dispute Resolution Office
Before a malpractice lawsuit can move forward, it typically must go through the Health Care Alternative Dispute Resolution Office (HCADRO) for mandatory arbitration. During this process, a panel of judges hears evidence and will determine liability and damages. However, parties can waive this part of the proceedings and go directly to court. Unless the case is resolved at arbitration, settlement remains an option for the parties up to the trial date.
Why Hospitals Choose to Settle Malpractice Claims Before Trial
Hospitals often settle when the evidence against them is strong, and the risk of a large jury verdict outweighs the cost of settling early. Insurance companies frequently drive this decision, since prolonged litigation increases legal fees and public exposure. Settling also lets hospitals avoid the reputational damage of a public trial. Hospitals and their insurers often see settlement as the faster, lower-risk path forward when the facts support the patient’s claim.
Signs Your Malpractice Case May Settle Quickly
Cases tend to settle faster when the patient presents solid evidence, such as:
- Clear medical records and related documentation
- Consistent opinions from medical experts
- Obvious, documented errors
If a hospital’s own records confirm a mistake, insurers often move toward resolution rather than risk trial. Cases that may not settle quickly involve disputed liability, unclear causation, or significant disagreement over the extent of damages. Complex injuries, conflicting expert testimony, and the hospital’s confidence in its position can all extend the timeline, pushing a case toward litigation instead of settlement.
Our Baltimore County Medical Malpractice Attorneys Advise You on Settlement vs. Trial
At The Law Offices of Michael A. Freedman, our team has the experience to guide you through the settlement process and help you make decisions with confidence. We will weigh the strength of your medical evidence, the extent of your injuries, and related factors as we assess a fair, reasonable settlement.
If you believe a medical error caused your injury, please call 410.363.6848 to schedule a free consultation at our offices in Owings Mills or Glen Burnie, MD.
