Maryland Medical Malpractice Laws

Attorney for People Injured by Medical Negligence in Maryland

When medical professionals fail to provide the standard of care expected of them, the consequences can be severe. Medical malpractice can result in long-term injuries, emotional distress, or even wrongful death. Patients who suffer harm due to medical negligence in Maryland can take steps to recover compensation. However, the laws surrounding medical malpractice claims can be complex, with various procedural requirements and limitations that must be met.

Navigating a medical malpractice claim can be a daunting task, especially when you are already dealing with difficulties related to an injury or health condition. A dedicated medical malpractice attorney can assist by guiding you through the legal process and building a strong case based on medical records, expert testimony, and other evidence. When you work with Serafini Law, you will have an advocate who can address the challenges you may face and ensure that your rights are protected every step of the way.

Statute of Limitations in Maryland Medical Malpractice Cases

One of the most important factors in a medical malpractice case is the statute of limitations, which limits the amount of time a patient has to file a claim. In Maryland, the statute of limitations for medical malpractice cases is generally five years from the date the injury occurred or three years from the date on which a person became aware of their injury, whichever comes first. This means that if a patient does not realize they were harmed by a medical professional's negligence until several months or even years later, they still have three years from the date of discovery to file a claim. However, if the injury occurred more than five years ago, they may be barred from seeking compensation.

For cases involving children, the statute of limitations is extended. In Maryland, the statute does not begin to run until the minor reaches 18 years of age. This means that, in most cases, a medical malpractice claim involving a child can be filed until their 21st birthday. Given the strict timeframes involved, it is crucial to act quickly and consult with a medical malpractice attorney to ensure that your claim is filed within the allowable period.

Caps on Non-Economic Damages

Maryland imposes a limit on the amount of certain types of damages that may be awarded in medical malpractice cases. There is a maximum amount of compensation a patient can receive for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. For injuries that occurred in 2024, the maximum amount of non-economic damages that may be awarded is $890,000. Each year, the cap on non-economic damages is increased by $15,000.

If malpractice results in wrongful death, and there are two or more family members who are eligible to receive compensation, the cap on non-economic damages is higher. In these cases, the limit will be 125% of the cap for the year in which the injury occurred. For injuries that took place in 2024, is $1,112,500.

While these caps limit the amount of compensation for non-economic losses, they do not apply to economic damages, such as medical expenses and lost wages. In medical malpractice cases, a person may be fully compensated for all financial losses they have experienced, without any restrictions on the amounts that may be recovered.

Certification Requirement from a Medical Expert

In order to proceed with a medical malpractice claim in Maryland, plaintiffs must obtain a certificate from a qualified medical expert. This expert, who must have experience in the same field as the person who allegedly committed malpractice, will review the relevant medical records and certify that the defendant's actions did not meet the standard of care. This certification must be filed within 90 days after filing a medical malpractice claim.

Without this certification, the court will dismiss the case, making it critical to ensure that a qualified medical professional reviews your case and provides the necessary documentation. The certificate is designed to prevent frivolous lawsuits by ensuring that only cases with a legitimate basis move forward. Our experienced attorney will help you identify and retain a qualified medical expert to certify your claim and ensure that this requirement is met.

Arbitration in Medical Malpractice Cases

Maryland law mandates that all medical malpractice claims must initially go through arbitration before proceeding to court. This arbitration process is intended to streamline the resolution of claims and encourage settlements outside of a formal trial. However, both the patient and the medical professional have the option to waive arbitration. An election to waive arbitration may be filed at any time after a certificate from a medical expert has been filed.

If arbitration is not waived, an arbitration panel will hear the case and issue a decision. This decision is binding unless either party appeals, in which case the case will proceed to trial. Arbitration can be a useful tool in resolving cases more efficiently, but it is not always the best option. Our attorney can help you determine whether waiving arbitration would be advantageous in your situation, and we can guide you through the process of resolving your claim through arbitration or litigation.

Contact Our Hagerstown, Maryland Medical Malpractice Attorney

Maryland's medical malpractice laws can be complex, and you need an attorney who understands how to navigate the challenges that may arise during your case. Serafini Law will work with you to pursue justice for the injuries you have suffered due to medical negligence. Contact us at 240-744-1600 and set up a free consultation today.