Maryland's Legal Process for Medical Malpractice Lawsuits

Maryland’s legal process for medical malpractice lawsuits is intricate and requires a clear understanding of the steps involved. Individuals seeking to file a medical malpractice claim must first grasp the elements that comprise a successful case, as well as the procedural requirements specific to the state.

To establish a medical malpractice claim in Maryland, the plaintiff must prove four key elements: a duty of care, a breach of that duty, causation, and damages. This means that the healthcare provider had an obligation to the patient, failed to meet that standard of care, that the breach directly caused harm, and that actual damages resulted from the malpractice.

Before filing a lawsuit, Maryland requires plaintiffs to obtain a “Certificate of Qualified Expert” within 90 days of filing the complaint. This certificate, signed by a qualified medical expert, confirms that there is substantial evidence of malpractice. The expert must demonstrate familiarity with the relevant standards of care and provide insight into how the healthcare provider deviated from these standards.

Once the certificate is obtained, the plaintiff can file the civil lawsuit in the appropriate Maryland circuit court. It’s essential to ensure the complaint is filed within the statute of limitations, which is typically three years from the date of the injury in Maryland.

After the complaint is filed, the defendant will respond, often leading to discovery - a phase during which both parties exchange evidence and information relevant to the case. This process usually includes depositions, interrogatories, and requests for documents.

Following discovery, the case may proceed to mediation or settlement negotiations. Many medical malpractice cases are resolved before reaching trial, as both parties strive to avoid the time and expense of a courtroom battle. If a settlement cannot be reached, the case will proceed to trial, where evidence will be presented, and a verdict will be reached.

In Maryland, plaintiffs should be aware that the state follows a principle called “contributory negligence.” This means that if the plaintiff is found to be even slightly responsible for their injuries, they may be barred from recovering damages. This strict rule underlines the importance of having a solid case and well-prepared evidence.

After a verdict is reached, either party may appeal the decision if they believe legal errors occurred during the trial. Appeals are heard by the Maryland Court of Special Appeals or the Maryland Court of Appeals, depending on the specifics of the case.

Understanding Maryland’s legal process for medical malpractice lawsuits is essential for anyone considering taking legal action. Engaging with experienced legal professionals can significantly aid in navigating these complexities and help ensure that the rights of the patient are adequately represented and protected.