The Cost of Pursuing a Medical Malpractice Claim in Maryland
Pursuing a medical malpractice claim in Maryland can be a complex and often costly endeavor. Understanding the costs involved is crucial for potential plaintiffs who are considering whether to move forward with a lawsuit. This article delves into the various expenses associated with a medical malpractice claim in Maryland, helping you make an informed decision.
One of the primary costs to consider is attorney's fees. Most medical malpractice lawyers in Maryland operate on a contingency fee basis. This means that they will take a percentage of the settlement or court award if you win your case, typically ranging from 30% to 40%. If the case is unsuccessful, the attorney does not collect any fee, but you may still be responsible for other expenses incurred during the process.
In addition to attorney fees, there are other legal expenses that can accumulate. These may include:
- Expert Witness Fees: Medical malpractice cases often require testimony from medical experts to establish the standard of care and how it was breached. These experts can charge significantly for their time, which can range from hundreds to thousands of dollars.
- Court Costs: Filing fees and other court-related costs can add up, especially if your case goes to trial. These costs can include attorney fees for filings, service fees for documents, and fees for obtaining transcripts.
- Medical Records and Reports: Obtaining your medical records, hospital reports, and other relevant documentation can also incur costs. Sometimes medical facilities charge fees to release these records.
Another factor influencing the cost is the time involved in pursuing a medical malpractice claim. Many cases can take months or even years to resolve, which can lead to additional costs like lost wages due to time spent away from work.
It’s also important to consider the possibility of additional costs if your case goes to trial. Trial expenses can be substantial, as they may involve more extensive payments to expert witnesses, higher attorneys' fees, and additional filing costs. However, not all cases will go to trial; many are settled out of court, which can help reduce overall costs.
Moreover, Maryland follows specific laws regarding medical malpractice claims that may impact costs. For instance, the state has implemented a cap on non-economic damages in such cases. As of now, the cap is set at $895,000, with incremental increases annually. This law is designed to control the costs associated with litigation and settlements but can also influence the amount of compensation you may receive.
Before committing to a medical malpractice claim in Maryland, potential plaintiffs should have a clear understanding of these costs. Consulting with an experienced attorney can help you navigate these financial considerations and develop a strategy that aligns with your circumstances.
In summary, the cost of pursuing a medical malpractice claim in Maryland involves various factors, including attorney fees, expert witness fees, court costs, and the possibility of trial expenses. Being aware of these costs can equip you with the information you need to make an informed decision on whether to pursue a claim. Taking the time to understand the process and its associated costs can ultimately help in securing the justice and compensation you deserve.