Why Maryland Medical Malpractice Cases Often Depend on Expert Witness Testimony

The success of most Maryland medical malpractice cases depends on expert witness testimony. These cases are often highly complicated, riddled with medical jargon and complexities, and legal nuances. Maryland law has certain threshold requirements that must be met before you can proceed with your lawsuit. In most Maryland medical malpractice cases, a qualified medical expert is necessary to satisfy the statutory certificate requirement and to establish the standard of care and causation.

At Brockstedt Mandalas Federico LLC, our attorneys have spent years working with qualified expert witnesses who can speak with authority about the complex medical problems our clients face. If you suspect you’ve been harmed by a healthcare provider’s negligence, read on to learn more about why a qualified expert witness is essential to your case.

Are There Maryland Medical Malpractice Expert Witness Requirements?

​Yes, Maryland law requires plaintiffs to file a certificate from a qualified expert. This certificate is a mandatory legal requirement for proceeding with a medical malpractice lawsuit in Maryland. It must be completed by a qualified licensed medical professional in the same or closely related medical specialty who has reviewed the case. 

It must include information such as:

• The reviewer’s qualifications,
• That they reviewed the facts and circumstances of the case,
• They found a breach in the standard of care, and
• The breach caused the patient’s injury.

​To qualify as an expert witness, the individual must:

• Hold a valid medical license,
• Have recent clinical or teaching experience in the same or a closely related specialty as the defendant, and
• Spend no more than 25% of their professional work providing testimony in personal injury cases.

​In addition, the certificate must typically be filed within 90 days of the initial complaint being filed with the state. Failure to do so can result in the complaint being dismissed. A copy of the certificate must be served on all parties to the case.

​Maryland’s certificate of a qualified expert requirement is an initial hurdle that plaintiffs must overcome. At Brockstedt Mandalas Federico, we have years of experience working with medical experts and filing these certificates. We know the requirements and work closely with many well-respected experts.

What Are the Medical Negligence Case Requirements in Maryland?

For a successful medical negligence case, you must prove duty of care, breach of that duty, causation, and damages.

Duty of Care

First and foremost, you must prove the doctor or medical provider owed you a duty of care. This is often one of the easier prongs to prove, as doctors generally owe their patients a reasonable duty of care. If you can establish a doctor-patient relationship, you can usually prove a duty existed.

Breach of the Standard of Care

Doctors must act with a reasonable standard of care that a medical professional in the same specialty would exert. If a doctor deviates from the accepted standard of medical care, then they have breached their duty to their patient.

Causation

It is not enough to establish that the doctor breached their duty; you must prove a direct causal relationship between the breach and your injury. In other words, if the doctor breached their duty but that breach did not lead to your injury, then they are not going to be legally liable.

Damages

Last, you must show that you suffered calculable loss. This can include lost wages, additional accrued medical bills, pain and suffering, and more.

The medical malpractice lawsuit process often utilizes expert witnesses to prove these essential elements of a medical negligence claim.

What Is the Burden of Proof in a Medical Malpractice Case?

​Generally, the burden of proof is the legal standard the plaintiff must overcome to prove their case. In a medical negligence case, the plaintiff must prove by a preponderance of the evidence that the healthcare provider’s negligence more likely than not caused the injury. This burden can be more difficult to meet when the alleged harm may also be attributable to the patient’s underlying illness or medical condition rather than the provider’s actions.

Experienced medical malpractice lawyers strive to engage medical experts to build a case that meets the burden of proof and secures compensation for their client.

Why Do Lawyers Utilize Maryland Medical Malpractice Expert Witnesses Often?

​In medical negligence cases, experts are particularly important, and a skilled litigator knows that. Not only are experts required at the inception of a medical malpractice claim, but they are often instrumental throughout the case’s lifespan.

At trial, medical experts are called upon to prove the negligence. In other words, they are used to establish the standard of care and to link causation from the doctor’s actions to the patient’s injuries.

It is essential to have a knowledgeable and highly respected expert, as these cases can often come down to a battle between experts. Each side will call its expert witnesses to argue whether the care provided was proper. Having not only an experienced and well-educated expert but a likable one is crucial.

​Beyond giving their professional and expert opinion to prove your case, experts are often utilized to help calculate damages. For instance, they can be used to estimate future medical expenses, the patient’s long-term care needs, and the injury’s physical and emotional impact on the patient’s overall quality of life. A medical expert witness can substantially increase the value of your case.

Baltimore Malpractice Attorney

Pursuing a medical negligence case requires deep legal knowledge, compassion, and skill. In fact, many personal injury lawyers choose not to handle medical malpractice cases because they are highly complex in both medical and legal information and rules. At Brockstedt Mandalas Federico LLC, we have been representing injured patients throughout Baltimore and the surrounding areas for decades. If you or a loved one was injured by a doctor or medical professional, contact us to discuss your options. You should focus on your physical recovery; leave the claim up to us. Call us today for a free consultation.

Official Legal and Other Sources

To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:

• Maryland Courts and Judicial Proceedings Code Section 5-109
• Maryland Code, Courts and Judicial Proceedings. §§ 3-2A-01
• Maryland Code, Courts and Judicial Proceedings § 3-2A-04

Phil Federico

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.