When we see healthcare providers, we hope they will treat us with the utmost care.
Nonetheless, medical errors may occur which can result in serious injury or even death.
In fact, medical malpractice is the third leading cause of death in the United States.
You may wonder how to start a medical negligence claim if you are the victim of a medical mistake.
The attorneys and medical investigators at Brockstedt Mandalas Federico can walk you through how to start a medical negligence claim. We are here for you.
Key Takeaways: How to Start a Medical Malpractice Lawsuit in Maryland
- Most cases start with a focused review of medical records and a clear timeline of what happened, what was missed, and how the outcome changed.
- Maryland claims often involve a required pre-lawsuit process and an expert review to confirm the care fell below the standard and caused harm.
- Strong cases are built with documentation: records, test results, discharge instructions, follow-up notes, and proof of damages.
- A consultation can help you understand whether your situation fits medical malpractice and what steps make sense next.
If You’re Unsure Where to Begin, That’s Completely Normal
Most people searching how to start a medical malpractice lawsuit in Maryland are doing it for the first time—while trying to recover and protect their family. The process can feel confusing, especially when medical records and timelines don’t match what you were told. You don’t need to have the perfect words or every document to take the first step.
How to File a Medical Malpractice Lawsuit
To initiate a medical negligence claim, you need to prove four key elements: first, there must have been a doctor-patient relationship; second, the doctor must have provided care that fell below the accepted medical standard; third, this substandard care must have directly caused your injury; and finally, the injury must have resulted in significant harm.
In Maryland, several specific steps need to be followed in order to file a malpractice suit. We will explain how to file a medical malpractice lawsuit below.
Begin with the Arbitration Panel
Many of our clients ask us how to start a medical malpractice claim.
In Maryland, if your case involves damages over $30,000.00, you must first file your claim with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO). A panel of three individuals will hear your medical malpractice claim. The panel will include a healthcare professional, a public member, and a lawyer.
File a Certificate from a Qualified Expert
A person bringing a medical malpractice claim for damage due to a medical injury in Maryland must file a certificate of a qualified expert.
A “qualified” expert must, among other requirements, be board certified in the same or a related specialty as the defendant.
The expert must also have had clinical experience in the field of health care in which the defendant provided care or treatment to the plaintiff within 5 years of the alleged negligence giving rise to the cause of action.
The certificate shall attest to departure from standards of care, and that the departure from standards of care is the proximate cause of the alleged injury. Doing so will prove that a physician has looked over your claim. It also shows that this doctor believes that your provider breached their duty of care and that causation is present.
In other words, the expert must “certify” that the health care provider’s breach of the standards of care caused the claimed injuries. The certificate must be filed within 90 days from the date of the complaint. Contact our lawyers, and we can guide you through filing a malpractice suit.
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Filing a Malpractice Suit: Do I Have a Medical Malpractice Case?
You might be asking yourself if you have a medical malpractice case. There are various types of medical malpractice that may cause a patient to suffer devastating injuries.
If you are wondering if you qualify to file a medical malpractice lawsuit, the experienced lawyers at Baird Mandalas Brockstedt & Federico can help.
Some of the most frequent kinds of medical malpractice cases are listed below.
Birth Injuries
Birth injuries can result from medical mistakes that occur at or around the time of birth.
Brain Injuries
Brain injuries can occur because of anesthesia mistakes, medication errors, misdiagnoses, or other medical mishaps.
Paralysis
A person might experience paralysis due to numerous medical mistakes, such as a misdiagnosis or a surgical error. Errors during childbirth or spinal cord surgery can cause paralysis as well.
Amputation
An amputation can result because a health care provider did not properly diagnose and treat an infection or because a provider did not properly treat a wound.
Medication mistakes or a failure to treat blood clots can also result in an amputation.
Wrongful Death
Our medical malpractice lawyers can also assist you in filing a medical malpractice lawsuit if your loved one has passed away due to a provider’s negligence. Wrongful death typically involves a civil lawsuit, such a medical malpractice case, in which damages are sought against a party for causing death.
The experienced lawyers at Brockstedt Mandalas Federico can answer questions and concerns you may have regarding a potential wrongful death claim.
How Do You Prove Medical Negligence?
How do you prove medical negligence? Proving medical negligence is a completed and time consuming process. However, our team of lawyers is here to fight for you every step of the way. Four main elements are needed to demonstrate medical negligence. These elements are duty, breach, causation, and damages.
Duty
Health care providers, including physicians, owe their patients a duty to practice in accordance with the standards of care.
The standard of care for a health care provider, pursuant to Maryland law, is the degree of care and skill that would be used by a reasonably competent health care provider engaged in a similar practice and acting in similar circumstances.
Typically, it is easy to show that a doctor owed a duty of care to you. You can often prove this by showing you were a patient who came in seeking treatment. One way to show a duty was present would be demonstrating that you made an appointment with your provider.
Breach
Another part of proving a medical negligence case, a plaintiff must establish what the standard of care required at the time the medical care was provided and that the health care provider breached the standard of care.
A breach means that your doctor or other healthcare worker failed to meet the appropriate standard of care toward you. An illustration of a breach may be if a surgeon leaves a tool inside the patient’s body after an operation. Another example might be if they prescribe the patient the wrong dosage of medication.
Causation
In addition to establishing what the standard of care required and that the health care provider breached the standard of care, a plaintiff must also establish that this breach caused the injury claimed.
Causation essentially means that, but for the breach of the duty by the provider, the injury would not have happened. One example is the following: Since the surgeon filed to remove a sponge from your body, you experienced an infection that you would not have otherwise.
Damages
Economic and Non-economic damages are the two main categories of damages in medical malpractice cases. Damages are the last and final element needed when bringing a claim for medical negligence. This means that it is not enough for the healthcare provider to have provided substandard care; you must have also been harmed by their negligence.
Economic damages
Economic damages include the medical and other expenses reasonably incurred in the past and with reasonable probability may be expected in the future. Economic damages are calculated using information like medical bills and the amount of time you were unable to work due to the healthcare provider’s negligence.
Economic damages can also include both past and future loss of earnings.
Non-economic damages
Non-economic damages, also known as non-pecuniary damages, are more subjective.
Non-economic damages include the effect such injuries have on the overall physical and mental health and well being of the plaintiff.
Other examples of non-economic damages include physical pain and suffering, loss of consortium, inconvenience and physical impairment.
A Simple Timeline Is Often the Fastest Path to Clarity
Start by writing down the dates you sought care, what symptoms you reported, what you were told, and what happened next. Add the facilities involved, the tests performed, and the moment you realized something went wrong. This timeline helps a medical malpractice case evaluation move faster and keeps the process focused on proof.
What Is the Statute of Limitations for Bringing My Claim?
When filing a medical malpractice lawsuit in Maryland, one must be aware of the applicable statute of limitations.
The statute of limitations is a law that sets the maximum time in which a party or parties may initiate legal proceedings.
Pursuant to section 5-109 Of the Courts and Judicial Proceedings article of the Maryland Code, an action for damages for an injury arising out of the rendering or failure to render professional services by a health care provider shall be filed within the earlier of five years of the time the injury was committed or three years of the date the injury was discovered.
The statute for minors and mentally incompetent individuals may differ.
If you have a question about the statute of limitations for a potential medical malpractice case, please call the lawyers at Brockstedt Mandalas Federico today.
We can help you determine if there is still time to file a medical malpractice case.
100% Free Consultation: Start a Medical Malpractice Lawsuit in Maryland
If you believe a medical mistake changed your life, you may be carrying two burdens at once: the injury itself and the uncertainty of what to do next. Most people who reach out are not looking for conflict—they want answers, accountability, and a clear plan. Starting a claim the right way usually means focusing on records, timeline, and expert support rather than assumptions.
We can listen to what happened, help you organize the timeline, and explain whether a Maryland medical malpractice claim is worth pursuing. If there is a path forward, we guide you step-by-step through the process so you can focus on healing and your family.
- Tell us what happened and what changed after the care you received.
- We identify the records and details that matter most.
- You get straightforward guidance on your options in Maryland.
How Our Team of Medical Malpractice Attorneys Can Help You
At Brockstedt Mandalas Federico, we have successfully handled hundreds of medical malpractice cases.
Contact us today for more information on how we can assist you. Our approachable, experienced and compassionate lawyers are ready to aid you in filing your medical malpractice claim.
Call us today at 410-421-7777 for a free consultation.
FAQ: How to Start a Medical Malpractice Lawsuit in Maryland
If you’re asking how to start a medical malpractice lawsuit in Maryland, these answers cover the first steps: records, timeline, expert review, and what the filing process often looks like.
Most people begin with a medical malpractice case evaluation (Maryland): collecting records, building a timeline, and confirming that the care likely fell below the standard and caused harm. From there, Maryland cases often involve a required pre-lawsuit process before moving into a formal lawsuit filing.
Start with a medical records request and case timeline: where you were treated, dates of visits, test results, discharge instructions, prescriptions, and follow-up notes. Also document how the injury affected your daily life and finances, which supports malpractice damages (economic and non-economic).
Maryland uses a pre-lawsuit process that may involve an arbitration-style panel track before proceeding in court. The practical takeaway is that starting your case usually includes specific procedural steps and deadlines, so early guidance can prevent avoidable setbacks.
A certificate of a qualified expert (Maryland) is part of the early process in many malpractice claims. In simple terms, it supports that a qualified physician reviewed the care and believes the standard of care was breached and caused injury, which helps move the case forward.
A medical expert review of the standard of care helps answer what should have happened and whether different care likely would have prevented or reduced the harm. It also helps translate complex medicine into a clear explanation that a court or insurer can understand.
Proving medical negligence typically involves showing a provider-patient relationship, a breach of the standard of care, causation, and damages. In other words, it’s not enough that care was substandard; the substandard care must have caused meaningful harm.
Malpractice damages (economic and non-economic) may include medical costs, lost income, future care needs, and the human impact of the injury on daily life. The best evidence usually combines records, billing, employment documentation, and clear personal impact details.
Timing varies, but early stages can include records collection, investigation, and expert review—often the most important foundation work. After that, the process depends on procedural steps, the complexity of medicine involved, and whether the case resolves by settlement or moves toward trial.
Common issues include waiting too long to gather records, losing key paperwork, or relying on memory instead of a timeline. Another common mistake is assuming the case is “obvious” without expert confirmation—strong cases are built on proof, not just suspicion.
We help you clarify the timeline, identify what records matter, and evaluate whether the care likely fell below the standard of care. If the case is viable, we guide the Maryland process step-by-step so you can focus on healing and your family.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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