• Victims of Sexual Abuse – Latest News
  • Baltimore: (410) 234-1000
  • DC: (202) 408-3300
  • Toll Free: 1-888-234-0001
Schochor, Staton, Goldberg and Cardea, P.A.
  • About Us
    • About Us
    • We Speak Doctor
    • Testimonials
    • Frequently Asked Questions
    • Community Involvement
    • Impacting Our Clients
    • Awards
  • Our Team
    • Jonathan Schochor
    • Kerry D. Staton
    • Jonathan Goldberg
    • James D. Cardea
    • Joshua F. Kahn
    • Gloria A. Worch
    • Michael Rubin
    • Lauren a. Schochor
    • Brian Switzer
    • Kristina E. Tyler
    • Valerie Lohr
  • Practice Areas
    • Medical Malpractice
      • Wrongful Death
      • Bowel Injury
      • Amputation
      • Anesthesia Errors
      • Brain Injury
      • Cardiology Error
      • Catastrophic Medical Errors
      • Colonoscopy Errors
      • Delayed Cancer Diagnosis
      • Epidural Abscess
      • Failure to Diagnose
      • Gynecological Malpractice
      • Hospital Discharge
      • Laboratory Errors
      • Medication Errors
      • Nerve Injury
      • Obstetrical Negligence
      • Orthopedic Malpractice
      • Paralysis
      • Paraplegia & Quadriplegia
      • Radiology Errors
      • Sepsis
      • Spinal Cord Injury
      • Surgical Errors
      • See All
    • Birth Injury
      • Birth Injury
      • Cerebral Palsy
      • Erb’s Palsy
      • Fetal Acidosis
      • Fetal Distress
      • Fetal Stroke
      • Forceps Injury
      • Labor and Delivery Negligence
      • Shoulder Dystocia
      • Stillbirth
    • Misdiagnosis
      • Misdiagnosis
      • Breast Cancer Misdiagnosis
      • Cancer Misdiagnosis
      • Colon Cancer Misdiagnosis
      • Failure to Diagnose Aneurysm
      • Failure to Diagnose Melanoma
      • Lung Cancer Misdiagnosis
      • Stroke Misdiagnosis
  • Areas We Serve
    • Baltimore
    • Columbia
    • Annapolis
    • Cockeysville
    • Essex
    • Dundalk
    • Catonsville
    • Parkville
    • All Areas We Serve
  • Mass Torts
    • Environmental
      • Mountaire
      • Groundwater Contamination
      • Air Pollution
      • Firefighting Foam (AFFF) Exposure
    • Sexual Abuse
      • Victims of Sexual Abuse
      • Physician (OB/GYN, Pediatrician)
      • Priest/Clergy
      • Teacher/Coach
      • Voyeurism
    • Dangerous Products
      • Opioid Litigation
    • Healthcare
      • Hazardous Exposures and Infection Control
      • Healthcare Fraud
  • Case Results
  • Media
    • Video Library
    • News
    • Podcasts
    • Blog
  • Get in Touch

Medical Malpractice: Will My Case be Arbitrated? 

Published on: November 7, 2017
Arbitration

You may not realize it, but when you filled out intake forms at a hospital or a doctor’s office, you may have signed a form agreeing to arbitrate a medical malpractice claim instead of taking the case to a jury trial. Arbitration is a form of alternative dispute resolution designed to avoid the courtroom. Your claim will be heard in front of a panel of arbitrators, who will decide the outcome of the claim.

Arbitration may or may not be the best way to resolve your medical malpractice claim. Your attorney can give you specific advice about your specific case.

Arbitration in Maryland Medical Malpractice Cases

Pre-suit arbitration used to be mandatory in Maryland for medical malpractice claims. If both parties agreed to waive the mandate, arbitration could be bypassed under the old law. Now, only one party needs to waive arbitration. If one side does not want to arbitrate, the case can go directly to court. Waivers must be filed no later than 60 days after the two parties submit their Certificates of Merit.

If both parties agree to arbitration, a panel of three arbitrators will consider evidence from both sides and determine whether the medical professional has any liability. The process is much like a regular courtroom session: attorneys present evidence and witnesses will testify. The procedural rules are a bit looser than a jury trial however and, unlike mediation, it is an adversarial process.

The arbitrator’s decision is presumed correct and binding. However, any party dissatisfied with the outcome is free to appeal,  which will result in a new trial at the circuit court level.

Arbitration in Washington D.C. Malpractice Claims

There is no mandatory arbitration requirement for District of Columbia medical malpractice claims. You will, however, be required to bring your case through mediation during litigation. Either you’ll use a court appointed mediator or hire your own. The goal is to resolve conflicts through compromise so as to avoid the costs of a trial and the uncertainty of a verdict. If the case is not resolved through mediation, it will continue to a jury trial unless a settlement is reached outside of court.

A Washington D.C. or Maryland Lawyer can answer all your Medical Malpractice Questions

Filing a medical malpractice claim against a negligent healthcare provider is not easy. You need skilled, experienced attorneys on your side. The law firm of Schochor, Staton, Goldberg, and Cardea, P.A. has been fighting on behalf of injured patients since 1984—you can trust our knowledge and expertise to give you the answers you need. To arrange a no-obligation consultation, contact us online or call 410-234-1000. We have offices in Baltimore and Washington D.C.

Blog Categories

  • All Blog Posts
  • Birth Injury
  • Mass Torts - Class Action
  • Medical Malpractice
  • Misdiagnosis
  • News
  • Podcasts
  • SSGC Commentary
  • Wrongful Death
  • Your Justice
    Journey starts here.
  • By providing your phone number, you agree to receive text messages from Schochor, Staton, Goldberg and Cardea, P.A.  Message and data rates may apply. Message frequency varies.

  • This field is for validation purposes and should be left unchanged.
Footer Logo
Toll free: 1-888-234-0001
Location Map
BALTIMORE, MD OFFICE
1211 St Paul Street,
Baltimore, Maryland 21202
(410) 234-1000
Add Review
Read Review
Location Map
WASHINGTON, DC OFFICE
1050 Connecticut Avenue NW
#500
Washington DC 20036
(202) 408-3300
Add Review
Read Review
  • About Us
  • Practice Areas
  • Blog
  • Case Results
  • Privacy Policy
  • Disclaimer
© 2025 - Schochor, Staton, Goldberg and Cardea, P.A.
Website and Legal Marketing by:
Lunar Local Logo

Get A FREE Consultation

Please fill out the form below for a free, no obligation consultation

  • Your Justice
    Journey starts here.
  • By providing your phone number, you agree to receive text messages from Schochor, Staton, Goldberg and Cardea, P.A.  Message and data rates may apply. Message frequency varies.

  • This field is for validation purposes and should be left unchanged.