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Negotiating a medical malpractice settlement in Maryland - the dos and don'ts

Written by
June 17th, 2016

A medical malpractice settlement in Maryland may work just like any other settlement from a civil case. But due to the state and the insurance reporting requirement, it is quite difficult to obtain a medical malpractice settlement without the help of a personal injury lawyer from Maryland. You probably don't know all the procedures with medical malpractice and how to file a claim. In this article, you will learn how the medical malpractice negotiation works.

The negotiation

Just as with any other type of settlement, the amount of the settlement for your medical malpractice personal injury in MD is negotiated between the defendant (or defendant's insurer) and the plaintiff based on the damages. The economic costs that are provable expenditures or losses resulted from the injury suffered are easy to calculate. The non-economic damages are the ones that are harder to calculate, and this is where your Annapolis injury lawyer will step in. This is when the real negotiations begin. The insurance company's or doctor's evaluation of the pain and suffering resulted from your medical malpractice personal injury in MD is entirely different from what your idea may be. Some state law limits may come into play. That is why it is recommended to have an Annapolis injury attorney with you to support your claim and negotiate efficiently.

The doctor's approval

The procedure for the malpractice injury claim is different from most common types of personal injury claims. A setting physician must approve the medical malpractice settlement. The settlements for auto accidents and slip-and-falls are directly settled by the insurance companies, even if the defendant doesn't want it. In medical malpractice cases, another doctor has to approve the settlement or not. That is why medical malpractice settlements don't have the same amount of confidentiality as others.

Many physicians may take their chances in court rather than settle. In addition to this, most doctors refuse even to look at malpractice cases in a dispassionate way and may feel that they did nothing wrong. Your Annapolis injury lawyer will help you prove you were the victim of medical malpractice and help you receive the compensation you deserve.

The payment

The payment received depends on the age of the plaintiff, the nature of the injury and the laws. It is possible that your claim will result in a settlement that is structured, a lump sum, or a combination of the two. In other states it is not allowed for the insurance company to pay for any future medical expenses related to the medical malpractice, favoring a lump sum. You need to consult with your Annapolis injury attorney and analyze which method of payment suits you better. The amount of the settlement is negotiated concurrently with dollar values that are actual, and the insurance company will look to discount the settlement in exchange for a quick payment.

Your settlement may prove to be as simple as deciding on a number and receiving a check. But if you do not strike a deal you can take the case to court. The lawyer will explain to you, if you were the victim of medical malpractice, how to file a claim, aid you in negotiating the settlement and presenting your case in court.

Contact the best personal injury lawyer in Maryland at (443) 569-3950 or by email at and get a free consultation of your case.

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