Requirements for Filing a Malpractice Case in Maryland
As Maryland medical malpractice attorneys, we often are asked what the requirements are for filing a medical malpractice claim in Maryland. Pursuing a medical malpractice claim is a complex process that is governed by very specific laws and requirements. In Maryland, understanding those laws and requirements is crucial to the likelihood of success and compensation for victims of medical malpractice.
Step 1: Hire a Medical Malpractice Attorney
If you may have been a victim of medical malpractice, you should hire an attorney immediately to promptly investigate your potential claims. An investigation by an attorney will include obtaining and reviewing the medical records and hiring the required and appropriate expert to certify that your case has merit — all within enough time to ensure that the claims are filed well in advance of the statute of limitations. Because of the complexity of medical malpractice claims, you should not attempt to satisfy these legal requirements on your own.
Step 2: File Claim Within Statute of Limitations
The next requirement is the claim must be filed within the statute of limitations, otherwise known as the “deadline” for filing a malpractice lawsuit. Generally speaking: In Maryland, the statute of limitations for filing a medical malpractice case generally is three years from the date of the alleged negligence if the incident happened when the person was older than 18. That deadline sometimes can be delayed to three years from the date the negligence was or should have been discovered. However, in no case (other than a case involving a minor who would have until their 21st birthday to file a claim) can a medical malpractice claim be filed more than five years from the date of the alleged malpractice, regardless of when the alleged negligence was discovered.
Step 3: Claim Reviewed by a Qualified Medical Expert
Subsequently, the claim must be supported by a “Certificate of Qualified Expert” (sometimes called a certificate of merit) and a report authored by a medical expert. That expert must have reviewed the facts of the case and certify that the defendant healthcare provider violated the applicable standard of care and that such a violation was a cause of the injuries and damages sustained by the victim. But, the claim cannot be supported by just any medical expert. The expert must be licensed to practice medicine, actively practicing in the same or similar field as the defendant healthcare provider, and not devote more than 25 percent of their professional time to testifying in medical malpractice cases.
Step 4: File “Statement of Claim”
Finally, before filing the medical malpractice lawsuit in a state or federal court, the plaintiff first must file a “Statement of Claim” in the Maryland Health Care Alternative Dispute Resolution Office (HCADRO). Once the claim has been filed and the appropriate Certificate of Merit and Report has been filed along with the claim, the plaintiff may choose (and usually does choose) to unilaterally “waive” the claim out of the HCADRO and file a lawsuit in state or federal court, at which time the discovery process will begin.
Silverman Thompson Aggressive Maryland Medical Malpractice Attorneys
Filing a medical malpractice cause in Maryland is both unique and complicated, requiring an experienced attorney to guide plaintiffs through the above steps to file a claim. Our medical malpractice lawyers have more than forty years of combined experience preparing, filing, and litigating these complex cases; and we have an amazing long-standing record of success in such cases.
If you believe you or a family member may have been a victim of a medical malpractice claim, contact us today for a free consultation at 410-385-2225.
aslutkin@silvermanthompson.com
(410) 385-2786
enochumowitz@silvermanthompson.com
(443) 909-7478
Disclaimer: This blog is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.