What Should I Know About Filing a Medical Malpractice Lawsuit in Maryland?September 16, 2019
If a patient is injured, or their health was compromised in any way after being treated by a health care professional, they may want to consider filing a medical malpractice lawsuit. However, pursuing a medical malpractice lawsuit in Maryland is unique compared to other states for several reasons. For example, Maryland is a contributory negligence state, which means that victims may not collect any damages if they were even slightly responsible for their injuries. A skilled and experienced medical malpractice lawyer will walk the victim through the claims process, ensure that their rights are protected, and help them receive a fair financial settlement.
Statute of Limitations
An individual who wishes to file a medical malpractice claim in Maryland must do so within five years of the date of the alleged malpractice, or within three years from the date the injury or illness was discovered, whichever occurred first. Minors under age 11 are not subject to the statute of limitations. If the injury involves the reproductive system or a foreign object, the patient is not subject to the statute of limitations until age 16. If a patient dies as a result of medical negligence, a wrongful death lawsuit must be filed within three years of the date of the victim’s death.
After filing a medical malpractice complaint, the patient has 90 days to file a certificate of merit from a qualified medical expert. This includes detailed information about the injury, the breach of the standard of care, what the health care provider should have done differently, and how the breach caused the injury. The health care providers involved in the case must file certificates from medical experts that prove that they complied with the standard of care, or that the patient’s injury was not caused by the alleged breach. According to Maryland law, a qualified expert is a licensed professional, or comparably licensed in another jurisdiction, and is knowledgeable in the same accepted standard of care as the health care professional involved in the lawsuit.
Damage Caps and Liability
Maryland is one of the few states that continues to follow the contributory negligence law. Even if the patient is only one percent responsible for the injury, they are barred from recovery. Effective January 1, 2019, non-economic damages from medical malpractice lawsuits are capped at $815,000. If the victim’s spouse files a loss of consortium claim, the couple can only draw from the $815,000 amount. In a wrongful death case with only one beneficiary, the surviving beneficiary cap is $1,018,750.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Assist Clients with the Claims Process
If you suffered an injury while under the care of a health care professional, you are urged to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton. We will walk you through the claims process and address all your questions and concerns. Our skilled and experienced legal team will secure the maximum financial compensation you deserve for your injuries. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent medical malpractice victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.