| Read Time: 2 minutes | Medical Malpractice
Maryland medical malpractice laws

It can be particularly devastating when someone is injured by a doctor or medical professional they trusted.

The impact of medical malpractice can reach far beyond just the patient and affect their families and loved ones, too.

Depending on the circumstances, medical malpractice can cause severe injury and leave you unable to work, provide for your family, or enjoy life as you once did.

Holding the doctor or medical professional liable can help alleviate the financial burden. And by helping with finances, a good settlement can also help free your mind to focus on healing.

Medical malpractice lawsuits can be complicated and require strict adherence to law and procedure. Our medical malpractice Maryland lawyers can help.

Maryland Medical Malpractice Lawsuit

Medical malpractice lawsuits can be challenging and often involve many steps and procedures. 

Generally, the first step in the process is to file a demand letter explaining the basis for your claim and requesting compensation. Sometimes, this is all it takes, and some quick negotiations might lead to an acceptable settlement.

But most often, the defendant or insurance company will challenge the claim. If negotiations are unfruitful, your lawyer will file a lawsuit with the court.

In Maryland, most claims must be filed before the Health Care Alternative Dispute Resolution (ADR) Office before filing a Complaint in Circuit Court. But this is a formality, and most claims are waived out of ADR and proceed to court. 

Discovery will begin once your complaint is filed with the court, and the defendant files an answer. During this time, the parties exchange documents and information and conduct depositions.

Cases may settle at any time during this process. Typically, settlement negotiations will remain ongoing throughout the case. However, if the case does not resolve, it will proceed to trial, typically before a jury.

Maryland Certificate of Qualified Expert Requirement

Maryland medical malpractice laws require the plaintiff to obtain a certificate from a qualified medical expert illustrating a reasonable basis for the claim within 90 days of filing.

Specifically, the medical expert must attest under oath that they reviewed your claim and believe the following:

  • The defendant did not meet the accepted medical standard of care when treating or diagnosing you, and
  • Their failure was the cause of your injuries.

This is an essential step in Maryland, and failure to comply can jeopardize your case and result in a dismissal. 

Statute of Limitations 

In Maryland, for a medical malpractice claim, you generally have five years from the date of injury or three years from when it reasonably should have been discovered to file your lawsuit.

While there are exceptions to the general rule, meeting with an attorney as soon as possible is imperative to ensure you meet your filing deadline. We can help you ensure your claim is filed promptly.

Speak to a Maryland Medical Malpractice Lawyer

At Baird Mandalas Brockstedt & Federico, we understand how difficult the days, weeks, and months following a malpractice error can be.

We were recently named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers for the impactful results we have obtained for our clients.

To learn more about medical malpractice in Baltimore and the surrounding area, the process, and how we can help, call us to schedule a free consultation.

Author Photo

Phil Federico is a partner at Baird Mandalas Brockstedt & 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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