Understanding Medical Malpractice Laws in Maryland: A Comprehensive Guide
August 28, 2023
Medical malpractice cases are filed and tried under state law. Maryland has its medical malpractice statutes that can affect your case. Your experienced lawyer is familiar with the laws of this jurisdiction and can help you present the strongest possible case.
The first key is the timeframe to file a medical malpractice lawsuit. In Maryland, there is a different timeframe for medical malpractice cases than for other personal injury actions. To file your lawsuit, you have:
- Five years from the date that the injury was committed.
- Three years from the date that you discovered your injury.
You will lose the right to file a medical malpractice lawsuit if you miss the deadline. You cannot even miss the statute of limitations by a day.
Standard of Care in a Maryland Medical Malpractice Case
Maryland has its law regarding the standard of care a medical professional must follow. You may need to meet a higher standard to prove a breach of duty in a more affluent state like Maryland.
Maryland Law on Expert Witness Testimony
Medical malpractice cases are proven through the use of expert testimony. Maryland also has strict standards for who can testify as an expert.
Caps on Non-Economic Damage Awards
Maryland has tried to address rising malpractice insurance premiums by reducing the amount injured patients can recover in settlements and jury awards. The state has instituted a cap on non-economic damages that patients can receive. In 2023, the cap on non-economic damages for a Maryland medical malpractice case with an injury is $875,000. The cap is raised by $15,000 each year to account for inflation. The cap is higher if there is a wrongful death case with two or more survivors.
Economic Damages in a Medical Malpractice Case
While your financial recovery is theoretically limited, it has not gotten in the way of large-scale recovery for medical malpractice cases. Maryland’s average medical malpractice payout was nearly $1 million in 2020. Even though non-economic damages may still be limited, your economic damages can still be considerable. You would still be entitled to:
- Medical expenses to treat your injuries, including physician’s care and rehabilitation.
- Lost wages for time that you missed from work.
- The cost of caretakers to help you with functions of daily life.
In addition, your family could also receive punitive damages depending on the egregiousness of the doctor’s conduct.
Maryland juries have still awarded large medical malpractice verdicts in cases. For example, in a recent case, a Baltimore jury awarded a family $34 million when their child suffered brain damage after an emergency C-section surgery when the mother was 32 weeks pregnant.
The contributory negligence doctrine is another key element of Maryland law that can make life more difficult for plaintiffs. Maryland bars plaintiffs from any type of recovery if they even bear partial responsibility for their injuries.
Contact a Baltimore Medical Malpractice Lawyer at LeViness, Tolzman & Hamilton Today
If a doctor’s negligence has injured you or a loved one, contact a Baltimore medical malpractice lawyer at LeViness, Tolzman & Hamilton. Call us at 800-547-4LAW (4529) or contact us online to schedule a free consultation.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients 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.