Maryland

Statute of

 Limitations

 Medical Claim Generally:

“An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of: five years of the time the injury was committed; or three years of the date the injury was discovered.” [MC  § 5-109]

 Minors:

For a minor, the statute of limitations in a medical malpractice case is three years from their 18th birthday. This means that a minor has until their 21st birthday to file a lawsuit.

 Wrongful death:

There is a 3-year statute of limitations for wrongful death claims [MC § 5-101]

 Damage Caps

The cap on non-economic damages in medical malpractice lawsuits in Maryland is $950,000 as of October 2, 2024 and increases by $15,000 each year. Non-economic damages include pain and suffering, emotional distress, permanent disability, and loss of enjoyment of life. The cap on non-economic damages in wrongful death claims with two or more beneficiaries is 125% of the cap for individual claims.

Attorney 

Fee Caps

Maryland currently has no attorney fee caps other than the general requirement of reasonableness [Rule 1.5 of the Maryland Attorneys’ Rules of Professional Conduct]

 Pre-suit   Requirements

Maryland requires plaintiffs to file a certificate of a qualified expert and serve that certificate to all parties [MC §3-2A-04(b)(1) &(2)]. In addition, most medical malpractice claims are required to first participate in the mandatory arbitration process.

 Expert  

 Qualifications

To provide testimony generally, “A health care provider who attests in a certificate of a qualified expert or who testifies in relation to a proceeding before an arbitration panel or a court concerning compliance with or departure from standards of care may not devote annually more than 20 percent of the expert's professional activities to activities that directly involve testimony in personal injury claims.” [MC §3-2A-04(b)(4)]  

However, for testifying on standard of care, the expert must be “members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.” The expert “shall have had clinical experience, provided consultation relating to clinical practice, or 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; and … if the defendant is board certified in a specialty, shall be board certified in the same or a related specialty as the defendant” [MC §3-2A-02(c)(1)&(2)]

 Negligent Credentialing   Claims

A federal district court in Maryland claims that courts in Maryland will likely recognize negligent credentialing as a cause of action [Baublitz v. Peninsula Regional Medical Center (2010)]