Medical Malpractice Cases in Maryland: What Must a Maryland Malpractice Lawyer Do Before Filing Suit
In Maryland, to bring a medical malpractice complaint against a doctor, the Plaintiff's lawyer must obtain a certificate of merit by a medical doctor that the negligent doctor breached the standard of care and caused injury to the injured plaintiff. The necessary qualifications of the medical doctor depend on the subject matter of the particular claim. Under Maryland law, the preliminary requirement for medical doctor who executes a certificate of merit is that: 1) they have clinical experience, 2) provided consultation relating to clinical practice, 3) taught medicine in the defendant's specialty or a related field of health care or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action. With limited exceptions, the doctor must also be board-certified in the relevant area of medicine.
The certificate of merit in Maryland medical malpractice cases must contain three elements:
1. Where the doctor is licensed to practice;
2. An opinion within reasonable degree of medical probability that the treating doctor departed from the applicable standard of care in treating the plaintiff and that there was damage from the breach of the appropriate standard of care;
3. That the doctor does not devote annually more than twenty percent (20%) of his professional activities to activities that directly involve testimony in personal injury claims.
The purpose of this requirement from the Maryland legislature is to prevent frivolous medical claims from being filed. Other states have similar rules as Maryland's medical malpractice requirements and I believe these rules have largely been effective in keeping out malpractice claims without merit. Recent studies and a new book agree with the premise that medical malpractice lawyers in Maryland have known for a long time: over time, it is economically impossible for attorneys to bring frivolous medical malpractice cases.
If you live in the Baltimore Washington area and believe you have been a victim of medical negligence in Maryland, click here and our lawyers will be happy to discuss your case with you over the phone (800-553-8082), in person, or by free Internet consultation.
More Maryland Malpractice Resources
For Medical Malpractice Victims
Medical Malpractice in Maryland (an overview)
Malpractice FAQ's (answer to many Maryland malpractice victim questions)
Settlement and Trial Values of Maryland Malpractice Cases (general information what your medical malpractice case is worth in Maryland and around the country)
Medical Malpractice Recovery Rates for Surgical Negligence and Improper Medication (how do plaintiffs fare in surgical negligence cases)
Informed Consent Law in Maryland (what is lack of informed consent and how is it established?)
Medical Malpractice Claims in Maryland for Missed Diagnosis of Heart Attacks (why health care providers often miss the signs and symptoms of a heart attack)
Maryland Medical Malpractice Statute of Limitations (details about the nuances of statute of limitations in Maryland malpractice cases)
For Maryland Malpractice Lawyers
Example Malpractice Lawyer Deposition of Medical Malpractice Doctor (example of the deposition of the defendant doctor)
Sample Deposition of a Plaintiff's Expert (depostion of a plaintiff's medical expert)
Sample Medical Malpractice Complaint (sample complaint in medical malpractice case)
Maryland Medical Malpractice Statute of Limitations (details regarding Maryland statute of limitations in medical malpractice cases)
Example Certificate of Merit (sample certificate of merit in a Baltimore malpractice case)
Another Example Certificate of Merit (sample certificate of merit on OB/GYN case)
Example Waiver of Health Claims Arbitration (sample pleading to waive arbitration and file in Circuit Cour in a Maryland malpractice case)
Maryland Medical Malpractice Lawyer Blog (blog on medical malpractice issues)