Maryland’s Laws on Medical Malpractice and Patient Injury

Medical malpractice occurs when a healthcare professional fails to provide the standard of care, resulting in injury or harm to a patient. In Maryland, specific laws govern how medical malpractice cases are handled, ensuring that patients have a way to seek redress for their injuries.

In Maryland, the statute of limitations for filing a medical malpractice lawsuit is typically set at five years from the date of the injury or three years from the date the injury was discovered, whichever comes first. This means that it's crucial for patients to act quickly if they believe they have been a victim of malpractice.

One of the unique aspects of Maryland’s medical malpractice laws is the requirement for a Certificate of Qualification. Before filing a claim, plaintiffs must obtain an affidavit from a qualified expert who will attest that the healthcare provider deviated from the accepted standard of care. This step is designed to prevent frivolous lawsuits and ensure that only valid claims proceed to the courts.

The concept of “pain and suffering” damages also comes into play in Maryland's medical malpractice laws. Maryland does not have caps on economic damages, which include lost wages and medical expenses. However, there is a cap on non-economic damages, which is adjusted annually. As of 2023, the cap for non-economic damages in malpractice cases stands at $845,000. This limitation is important for claimants to consider when pursuing compensation.

Maryland also follows a form of comparative negligence law. If a patient is found to be partially responsible for their injury, their compensation can be reduced. For instance, if a jury finds that a patient was 20% at fault, their total compensation will be reduced by that percentage. This legislation emphasizes the importance of clear evidence and accountability in medical malpractice claims.

Patients injured due to medical malpractice in Maryland should also be aware of their rights under the Maryland Medical Injury Compensation Act (MICRA). This act established the Health Claims Arbitration Office, which offers a less formal alternative to litigation. Patients can opt for arbitration to resolve their claims, although they must follow specific procedures and deadlines.

To enhance their chances of a successful claim, patients must collect and maintain evidence, including medical records and treatment history, documenting how the alleged malpractice occurred and its impact on their well-being. Consulting with an experienced medical malpractice attorney in Maryland is crucial, as they can help navigate the complexities of the legal process and advocate effectively on behalf of the patient.

In conclusion, understanding Maryland's laws regarding medical malpractice and patient injury is essential for those seeking justice and compensation. By staying informed about the legal requirements and seeking qualified legal assistance, patients can better navigate the challenges that arise from medical malpractice claims.