Silver Spring, MD asked in Medical Malpractice and Personal Injury for Maryland

Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

2 Lawyer Answers
Mark Kopec
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  • Medical Malpractice Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on this issue. Once you know the deadline, you can consider other factors as to when a case would be pursued.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: It sounds like you are considering the timing of your lawsuit as part of your strategy. Some law firms file suit at the onset; some file suit upon the collapse of negotiation efforts or when the statute of limitations is looming. Something to keep in mind is that many insurance defense firms will not review a file for possible resolution prior to the completion of all medical treatment. Good luck

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