Legal Question in Medical Malpractice in Maryland

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can a medical malpractice case be settled out of court without filing a lawsuit?my lawyer took my case has made lots of mistakes and hasnt filed a lawsuit only contacted the defendants with a claim letter asking that i be compensated for said claims of negligence.its been almost 2yrs.he failed to tell me that hes a family law attorney.WHAT SHOULD I DO??


Asked on 6/21/09, 9:19 pm

2 Answers from Attorneys

Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

Re: legal document

You obviously need to get a "second opinion" on your case and on the attorney who is handling it. After two years you should know if you have a meritorious case and if it has not been settled suit should have been filed by now.

You should obtain that second opinion, however, before discharging your current lawyer.

If you want a free phone consultation just give me a call. www.walterlaake.com

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Answered on 6/22/09, 11:04 pm
James P Koch Law Offices of James P. Koch

Re: legal document

A medical malpractice case can be settled out of court without filing a lawsuit, but this does not happen very often. In general, only the most outrageous and egregious cases get settled quickly before suit is filed. If your attorney has been sitting on your case for two years, you need to be concerned about the statute of limitations, which is three (3) years from the date you knew or should have known you had a case, not to exceed five (5) years from the date of injury. Feel free to call me if you want to discuss this further.

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Answered on 6/22/09, 11:34 am


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