This question is asked of me multiple times during a week. The typical scenario is that a potential client has spoken to a friend or family who urges them to call a lawyer. Usually, there is some medical mistake. That's why the friend or family member wanted them to call.  But if there is no permanent injury, a medical malpractice cannot be filed. This is because medical malpractice cases are the most expensive and hard fought personal injury cases there are.

Why Do I have To Be Permanently Injured?

In other personal injury cases like car accidents, worker's compensation, and slip and fall, it is customary to receive some money compensation even if you are not injured permanently. The costs of a case like that are far lower than a medical malpractice case. In worker's compensation, the question of fault does not come up. In car accident cases, the insurance adjusters are more used to resolving cases when there is not a life long injury. In car accident cases, the at fault driver does not have a say as to whether the case gets settled or not, In a medical malpractice case, the custom is to obtain the consent of the doctor  before a settlement is reached.

Early settlements are not normally the way it goes in medical malpractice cases. The case can take over 2 years from start to finish. If your are not permanently injured, then the lawyers will be spending more money on the case than the case is worth.

This Does Not Sound Fair

The medical malpractice system we have is not perfect. It is not fair in allowing everyone access to justice. The system has been created to be expensive and complicated. Change can only come by speaking to your elected representatives and telling your story. The laws that regulate Maryland medical malpractice are made in Annapolis. That is where you can make a difference.  Go to the Maryland General Assembly website, find your Annapolis representative and ask them to help make medical malpractice compensation available to all who have been harmed, not just those with permanent injuries.