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Will my malpractice lawsuit go to trial?

On Behalf of | Jun 4, 2020 | Medical Malpractice

If a medical provider in Maryland caused an injury by failing to provide you with the proper standard of care, you may be considering a medical malpractice lawsuit. It is possible, and even likely, that you signed an arbitration agreement with your provider before you were even treated or that your insurance company has a provision that requires any malpractice claims to go through arbitration rather than a traditional court.

If you want to bring a medical malpractice claim, it is very possible that the suit will never go to trial, but that does not mean that you will not receive a settlement.

What is Alternative Dispute Resolution?

The Maryland Court defines ADR as, “The process of resolving matters in pending litigation through arbitration, mediation, neutral case evaluation, neutral factfinding, settlement conference, or a combination of those processes.” The state has set up a specific office to deal with medical malpractice arbitration. According to the Maryland State Archives, the claimant will present their case to three arbitrators including an attorney, a healthcare provider and a public member. These three arbitrators will decide who is liable for the claim and what the award will be if they find the provider liable. If either party rejects the settlement, they can appeal to the Circuit Court.

Can I waive arbitration?

In some cases, you may be able to waive arbitration and go forward with a trial. The court requires a certificate of merit and a report from an expert attesting that a failure to provide the standard of care is what caused your injury.