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  1. #1

    Default Starting Civil Action (Newbie)

    My question involves malpractice in the state of: MD

    Where would be the best place to file this case?

    I was injured in Carroll County. Must I file in thier circuit court? Can I file it in my county's circuit court (same state) Would there be any benefit to filing it in the Fed. District Court (if they'll even let it run)?

    I'll be charging the provider with negligence, assault, battery and unlawful imprisonment? I know you don't know what happened. I'm not going into it here. However, what can I charge them with related to medical malpractice?

    Thanks!!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Starting Civil Action (Newbie)

    Medical malpractice is not a do it yourself proposition. Given your lack of knowledge displayed here, their attorney will have you for breakfast.

    Also, you don’t charge anybody with anything. 2 out of 4 are criminal issues while the third could be either criminal or civil. Criminal charges are prosecuted by the state. You do not have the option of choosing the charges are prosecuted. You are limited to filing a report with the police.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,125

    Default Re: Starting Civil Action (Newbie)

    Where would be the best place to file this case?
    How much are you going to sue for?

  4. #4
    Join Date
    Oct 2014
    Posts
    7,386

    Default Re: Starting Civil Action (Newbie)

    Quote Quoting Sire
    View Post
    My question involves malpractice in the state of: MD

    Where would be the best place to file this case?

    I was injured in Carroll County. Must I file in thier circuit court? Can I file it in my county's circuit court (same state) Would there be any benefit to filing it in the Fed. District Court (if they'll even let it run)?

    I'll be charging the provider with negligence, assault, battery and unlawful imprisonment? I know you don't know what happened. I'm not going into it here. However, what can I charge them with related to medical malpractice?

    Thanks!!!
    In a civil case you sue for money damages, you don't "charge" the medical professional with any crimes. If you think a crime was committed, report that to the police. For medical malpractice you have to prove that the medical professional committed negligence when providing you medical care, that the negligence caused you injury, and prove what damages (medical bills, lost income, disability, pain & suffering, etc) you incurred as a result of that negligence.

    Under Maryland Code 6-201(a), the general rule for the court in which you file civil suits is this:

    a) Civil actions. -- Subject to the provisions of 6-202 and 6-203 of this subtitle and unless otherwise provided by law, a civil action shall be brought in a county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation. In addition, a corporation also may be sued where it maintains its principal offices in the State.
    A medical malpractice claim is a type of tort claim, so in addition to the above, Maryland Code 6-202(8) allows you to bring the lawsuit in the county where the actual negligence occurred, e.g. the county where the hospital or other facility was where the negligent medical services were provided. Suing the medical professional in the county where you live is not an option unless that county is also where the defendant lives, has his/her offices, or is where the malpractice occurred.

    Since you are evidently in the same state as the medical professional you are suing you cannot bring the lawsuit in federal court. You must do it in the Maryland state courts.

    Medical malpractice cases are typically complicated cases to bring successfully. They are also costly. This isn't something you can do in small claims court. Maryland small claims court is limited to cases seeking $5,000 or less. Also, you cannot seek discovery in small claims court, and for a medical malpractice case getting discovery is essential except in very unusual circumstances. So you'll almost certainly need to go to circuit court. You really should consult a medical malpractice lawyer for advice and representation if you wish for this to succeed.

  5. #5

    Default Re: Starting Civil Action (Newbie)

    Quote Quoting Taxing Matters
    View Post
    In a civil case you sue for money damages, you don't "charge" the medical professional with any crimes. If you think a crime was committed, report that to the police. For medical malpractice you have to prove that the medical professional committed negligence when providing you medical care, that the negligence caused you injury, and prove what damages (medical bills, lost income, disability, pain & suffering, etc) you incurred as a result of that negligence.

    Under Maryland Code 6-201(a), the general rule for the court in which you file civil suits is this:



    A medical malpractice claim is a type of tort claim, so in addition to the above, Maryland Code 6-202(8) allows you to bring the lawsuit in the county where the actual negligence occurred, e.g. the county where the hospital or other facility was where the negligent medical services were provided. Suing the medical professional in the county where you live is not an option unless that county is also where the defendant lives, has his/her offices, or is where the malpractice occurred.

    Since you are evidently in the same state as the medical professional you are suing you cannot bring the lawsuit in federal court. You must do it in the Maryland state courts.

    Medical malpractice cases are typically complicated cases to bring successfully. They are also costly. This isn't something you can do in small claims court. Maryland small claims court is limited to cases seeking $5,000 or less. Also, you cannot seek discovery in small claims court, and for a medical malpractice case getting discovery is essential except in very unusual circumstances. So you'll almost certainly need to go to circuit court. You really should consult a medical malpractice lawyer for advice and representation if you wish for this to succeed.
    Thank you. Helpful. However, medical malpractice lawyers, like all (99.999%) lawyers want easy money. This is not an easy case. I will have to bring it myself. I'm not going to go into my strategy here. Nonetheless, if I didn't think I could beat them, I wouldn't bring it.

    I will be in circuit court. District court is up to 30G's in CC.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,195

    Default Re: Starting Civil Action (Newbie)

    Lawyers like any other professional want assurance they will be paid. If your case isn't of significant interest for them to risk a contingent fee, you'll have to actually pay them normally.

  7. #7

    Default Re: Starting Civil Action (Newbie)

    right

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