Medical Malpractice Attorneys in Baltimore: Medical Malpractice Litigation — What to Expect


If you believe you have been the victim of a physician or health care provider error, it may help you to understand what to expect if you and your attorney decide to bring a medical malpractice lawsuit for compensation for your injuries.

Generally, a medical malpractice case involves a series of steps:

  • Identification of the proper parties to sue and investigation of the claim: A detailed investigation must be made identifying the cause of your injury as well as which persons or entities are responsible.
  • Filing a complaint: Your medical malpractice attorney establishes the proper foundation of your claim and files a formal document called a complaint against the appropriate party or parties. The defendant is given time to reply.
  • Discovery: During the discovery phase of your case, defendant and plaintiff question one another and share information. The parties may be called to answer questions under oath before a court reporter in depositions. These statements are used to negotiate a settlement and may also be used as evidence if the case goes to trial.
  • Settlement: The attorneys for the parties present their evidence to one another and attempt to reach a settlement amount and come to terms that they formalize in a settlement agreement. About 90 percent of all cases are resolved through out-of-court settlements.
  • Trial: Without a settlement, the case goes to a trial. At trial, experts are called on to prove elements of the case such as the cause and extent of injury, lost earnings, care needed, and future costs.

It is important to note that if you believe you have a claim for medical malpractice, the amount of time you have to bring your malpractice claim is limited under Maryland’s statute of limitations laws. Contact the medical malpractice attorneys in Baltimore at LeViness, Tolzman & Hamilton, P.A. with your claim today.