Understanding Medical Malpractice in Maryland

Medical malpractice can have devastating consequences for patients in Maryland. When healthcare providers fail to meet the appropriate standard of care, patients can suffer serious injuries or even lose their lives. If you or a loved one has been a victim of medical malpractice in Maryland, it’s important to understand the laws and regulations that govern these cases. This comprehensive guide will provide an overview of medical malpractice laws in Maryland, including the statute of limitations, expert certification requirements, damage caps, and more.

Statute of Limitations for Medical Malpractice Claims in Maryland

In Maryland, there is a specific time limit, known as the statute of limitations, for filing a medical malpractice claim. Generally, you must file your claim within five years from the date of the malpractice or within three years from the date you discovered or should have discovered the injury, whichever comes first. It’s crucial to adhere to these deadlines, as failure to file within the specified time frame may result in the dismissal of your claim.

There are exceptions to the statute of limitations in certain cases. For minors who suffer injuries, the statute of limitations does not begin until they reach the age of 18. Additionally, if the injured party lacks the mental capacity to pursue their claim, the statute of limitations may be temporarily paused until they regain the capacity to do so.

Expert Certification for Medical Malpractice Claims

In Maryland, before filing a medical malpractice claim, you must obtain a certificate of merit from a qualified medical expert. This certificate verifies that the healthcare provider breached the appropriate standard of care and that this breach directly caused your injury. The certificate must be filed within 90 days after initiating the claim. However, the court may modify or waive this requirement if you provide a valid justification in writing.

Damage Caps in Maryland Medical Malpractice Cases

Maryland imposes damage caps on non-economic damages, such as pain and suffering, in medical malpractice cases. As of 2023, the cap for non-economic damages is $875,000, and it increases by $15,000 each year. It’s important to note that there is no cap on economic damages, which include medical expenses and lost wages.

Proving Liability in a Medical Malpractice Case

Proving liability in a medical malpractice case requires expert testimony. You must present a qualified medical expert who can testify that the healthcare provider’s actions fell below the appropriate standard of care, causing your injury. This expert should have experience in the same field as the defendant and be able to provide a thorough and educated assessment of the case.

Mandatory Arbitration in Maryland Medical Malpractice Cases

Maryland has a mandatory arbitration process for medical malpractice cases. Before filing a lawsuit in court, the claim must go through arbitration. However, either party can choose to waive arbitration after filing the certificate of a qualified expert. If arbitration is waived, the case proceeds directly to the circuit court.

Common Types of Medical Malpractice Cases in Maryland

Medical malpractice can occur in various healthcare settings and can involve different types of negligence. Some common types of medical malpractice cases in Maryland include:

1. Birth Injury Malpractice: Cases involving injuries to infants during birth, such as cerebral palsy or Erb’s palsy.
2. Surgical Errors: Errors made during surgical procedures, including wrong-site surgery, anesthesia errors, or leaving surgical instruments inside the patient’s body.
3. Diagnostic Errors: Cases where a healthcare provider fails to correctly diagnose a medical condition, leading to delayed treatment or mismanagement of the condition.
4. Wrongful Death: Cases where the negligence of a healthcare provider results in the death of a patient.
5. Prescription Errors: Cases involving medication errors, such as prescribing the wrong medication or incorrect dosage.
6. Hospital Injuries: Injuries caused by negligence or unsafe conditions in a hospital, such as falls or infections acquired during a hospital stay.

Seeking Legal Representation for Your Medical Malpractice Claim

Medical malpractice cases are complex and require the expertise of experienced attorneys. If you believe you have been a victim of medical malpractice in Maryland, it is crucial to consult with a qualified attorney who specializes in medical malpractice claims. They can guide you through the legal process, gather evidence, and fight for the compensation you deserve.

At Dubo Law, our team of Baltimore medical malpractice lawyers can help guide you through the process and ensure you and your family receive justice. We understand the pain and frustration that comes with being a victim of medical negligence, and we are dedicated to holding healthcare providers accountable for their actions. Contact us today for a free consultation and let us fight for your rights.

Conclusion

Navigating the complexities of medical malpractice laws in Maryland can be daunting, but with the help of experienced attorneys, you can seek justice and hold negligent healthcare providers accountable. Understanding the statute of limitations, expert certification requirements, damage caps, and other key aspects of Maryland’s medical malpractice laws is crucial for building a strong case. If you believe you have been a victim of medical malpractice, don’t hesitate to consult with a qualified attorney who can guide you through the legal process and fight for your rights.