Ronald V. Miller Jr.'s answer The question is not about winning and losing. You can win a malpractice case with minimal injuries. The problem is finding a lawyer willing to handle a smaller case who is willing to front the expense in the case and accept losing that money if the case is no successful. If the injuries are not significant and they resolve, the cost of preparing such a case for trial and trying the case (which you almost certainly will do in a low stakes case) may exceed the potential verdict a jury would...
Ronald V. Miller Jr.'s answer It would be nice to have the context of the questions. But, generally, you can absolutely dismiss a case at any time. I would request a dismissal "without prejudice" if you may have any desire to revise the claim.
Ronald V. Miller Jr.'s answer In Maryland, the biggest difference is the hoops you have to jump through to bring a claim in malpractice cases that are required by the statutory scheme that covers our malpractice claims. But the gist of malpractice is the same as negligence.
Ronald V. Miller Jr.'s answer Theoretically, you settlement should cover bill your insurance did not pay AND bills they did pay. Your damages for settlement include the total amount of your medical bills.
Ronald V. Miller Jr.'s answer There has to be negligence. That is the key. Did they perform the risky procedure like an ordinary, reasonable prudent surgeon would. It is not the outcome that matters. It is whether a mistake was made.
Ronald V. Miller Jr.'s answer Google Maryland malpractice cap to find out the exact numbers. It is based on the year of the injury. The pain and suffering cap this year is 800k. There is no cap on economic damages.
Ronald V. Miller Jr.'s answer I would depend on the facts of the case. A bad outcome does not mean malpractice. If you could prove that a reasonable, prudent doctor would not have taken the cast off early, you have a theoretical case.
Ronald V. Miller Jr.'s answer As a practical matter, unless you suffered serious injuries, no lawyer would take this case. Whether you have a theoretical case would depend on whether the doctor knew or had reason to know you might be allergic to that medication.
Ronald V. Miller Jr.'s answer I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.
Ronald V. Miller Jr.'s answer Certainly, there may be facts to support your claim. You just have not offered enough facts about your case but there are many scenarios like this where the cyclist could be responsible.
Ronald V. Miller Jr.'s answer From a legal standpoint, you are best to just let it go because saying anything could get you into trouble. If you are less worried about the legal and more interested in being a good neighbor, go with your first idea.
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