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What Injured Victims Should Know About Medical Malpractice Arbitration in Maryland
Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on December 7, 2023 and updated on April 27, 2026.
Most Maryland medical malpractice cases are resolved by a jury in a courtroom, but some are resolved via alternative dispute resolution. One type of alternative dispute resolution that is common in medical malpractice cases is arbitration.
Yes. In Maryland, most medical malpractice claims must first be filed with the Health Care Alternative Dispute Resolution Office and go through arbitration before proceeding to court. However, arbitration is typically non-binding and may be waived or appealed, allowing the case to ultimately be decided by a judge or jury.
While there may be some advantages to medical malpractice arbitration, there are also significant disadvantages. At The Law Offices of Peter T. Nicholl, we have helped many victims of medical malpractice secure significant financial compensation. Below, we explain what patients need to know about this process.
If you were injured because of a healthcare provider’s malpractice, call to schedule your free legal consultation.
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Arbitration in Maryland Medical Malpractice Claims
In Maryland, medical malpractice victims who wish to seek damages for their injuries must file claims with the Health Care Alternative Dispute Resolution Office (HCADRO). This office manages the non-binding arbitration of medical malpractice claims.
State law requires medical malpractice claims to be arbitrated before they are allowed to proceed to court. In fact, if someone files a lawsuit without first filing a claim with the HCADRO, the defendant can file a motion to have the lawsuit dismissed.
HCADRO provides both parties with a list of arbitrators so they can select a three-person panel to hear their case. Each panel chosen must consist of an attorney, health care provider and a member of the public.
The arbitration panel examines the evidence and determines if the healthcare provider is liable for damages. if the panel finds for the plaintiff/victim, the members will decide how much compensation to award.
However, one or both parties may decide to waive the requirement to go through arbitration. They can do this at any point before the panel hears the case. If your Baltimore medical malpractice lawyer or the other party decides to waive arbitration, the case can proceed to trial.
Even if both sides go through with arbitration, it is non-binding. Both parties have 30 days from the date of the panel’s decision to file an appeal. The case can then be tried before a judge or jury in a courtroom. The judge or jury can reverse the panel’s decision or make changes to the award of compensation.
What Are the Problems With Medical Malpractice Arbitration?
Although arbitration takes a lot less time than a courtroom trial, there are some significant disadvantages to this process for medical malpractice victims.
For example, discovery before arbitration is limited. That means the panel decides your case based on limited evidence. The defendant may have important evidence that you were unable to obtain, and this could hurt your chances of getting a favorable result.
The rules of evidence for arbitration and courtroom trials are different. That means the arbitration panel can consider evidence that might be excluded in court. This could work to your advantage, but it could also hurt your case.
Another disadvantage to arbitration is there is no jury. Although each case is unique, juries tend to have sympathy for medical malpractice victims, which could improve your chances of securing a favorable verdict.
While witnesses can still be cross-examined in arbitration, this process is more limited, making it harder to point out problems with someone’s testimony.
Finally, some arbitrators may be more focused on pleasing both sides than reaching a fair decision. Even if you have a strong case, the panel might not want to make a decision that favors one side more than the other.
While it might be possible to get a favorable result from arbitration, the odds are against it. You are essentially trying your case twice, as you can still go to court after arbitration. That is why many Maryland medical malpractice claims are resolved in the courtroom.
After a medical malpractice injury, you do not want to simply reach a resolution, you want justice and favorable compensation to help you put your life back together. While it takes a long time to reach a resolution in court, it is often the best way to secure the favorable result you are seeking.
Medical malpractice insurance companies are often in favor of arbitration, which gives an indication of who benefits from this process. Insurers are looking to limit their liability or pay no compensation at all. Insurers know that juries are going to view victims more favorably than corporations with deep pockets.
Frequently Asked Questions About Medical Malpractice Arbitration in Maryland
What is medical malpractice arbitration in Maryland?
Medical malpractice arbitration is a legal process used to evaluate malpractice claims before they may proceed further. The process focuses on whether a healthcare provider breached the accepted standard of care and whether that breach caused injury. The Law Offices of Peter T. Nicholl can review how arbitration may apply to a specific Maryland malpractice claim.
Do all Maryland medical malpractice claims go through arbitration?
Many Maryland medical malpractice claims involve an arbitration-related process before moving forward, but the exact procedure depends on the facts and legal posture of the case. These requirements can affect timing, filings, expert review, and litigation strategy. The legal issue is whether the claim is properly prepared before deadlines and procedural requirements apply.
Why does arbitration matter in a medical malpractice case?
Arbitration matters because it can affect how the claim is filed, how evidence is presented, and how the case moves toward settlement or litigation. Medical malpractice cases require proof of negligence, causation, and damages, not just proof that a poor outcome occurred. The Law Offices of Peter T. Nicholl can evaluate whether the claim is supported before the process advances.
What evidence is important in medical malpractice arbitration?
Important evidence may include medical records, test results, imaging, operative reports, medication records, discharge instructions, expert opinions, and records of later treatment. This evidence helps show what care was provided and whether the provider’s actions caused harm. Strong documentation is critical when the healthcare provider disputes liability or causation.
Can expert testimony be needed during malpractice arbitration?
Yes, expert review or testimony may be needed to explain the accepted standard of care, how the provider departed from it, and how that departure caused injury. Medical malpractice claims often involve technical issues that cannot be proven by records alone. The Law Offices of Peter T. Nicholl can assess whether expert support is needed.
Can a malpractice claim settle during arbitration?
Yes, a malpractice claim may settle during or around the arbitration process if the evidence supports liability and damages. Settlement discussions often depend on the strength of expert opinions, medical documentation, and proof of financial or physical harm. A claim should not be evaluated by settlement value alone before the injuries and future needs are understood.
What happens if arbitration does not resolve the malpractice claim?
If arbitration does not resolve the malpractice claim, the case may continue through additional legal procedures depending on the circumstances. The disputed issues may include breach of care, causation, damages, or whether the injury was a known risk rather than negligence. The next step should be based on the evidence and applicable procedural requirements.
When should I contact a lawyer about Maryland malpractice arbitration?
You should contact a lawyer as soon as you suspect that negligent medical care caused injury, worsened a condition, or delayed treatment. Early review can help preserve records, identify involved providers, and determine what procedural requirements may apply. The Law Offices of Peter T. Nicholl can evaluate whether the facts may support a Maryland medical malpractice claim.
Call To Discuss Legal Action After Suffering a Medical Malpractice Injury
One of the critical decisions that needs to be made after a medical malpractice injury is your choice of legal representation. These are complex cases that can be challenging to prove, so you need an experienced lawyer with in-depth legal knowledge and multiple resources to build a strong case.
At The Law Offices of Peter T. Nicholl, our firm has decades of experience taking on and winning medical malpractice cases. We know what it takes to win these cases and secure the compensation victims deserve.
Experienced lawyers help level the playing field against powerful insurance companies that want to pay victims far less than they need.
Call us to find out if you may have a case. Phone: 410-244-7005.
