The Maryland medical malpractice statute requires that a person pursuing a Maryland medical malpractice claim follow certain procedures. The first requirement is to file a claim with the Director of the Health Claims Arbitration Office. A “claim” is akin to filing a legal complaint in court. Unless the sole issue in the claim is lack of informed consent, the plaintiff must also file a certificate of merit within 90 days of filing the claim.
A certificate of merit is essentially a document provided by a medical doctor attesting that the health care provider deviated from the applicable standard of care, which proximately caused the plaintiff’s injury. The requirement is designed to prevent frivolous medical claims from being filed.
In Maryland medical malpractice cases, the certificate of merit must contain the following elements:
• Where the doctor is licensed;
• That the doctor reviewed the relevant medical records;
• That the doctor believes within a reasonable degree of medical probability that the treating doctor departed from the applicable standard of care in treating the plaintiff and that deviation(s) were the proximate cause of the alleged injuries; and
• That the doctor does not devote annually more than twenty percent (20%) of his professional activities to testifying in personal injury claims.
The necessary qualifications of the medical doctor depend on the subject matter of the particular claim. With limited exceptions, the doctor must be board-certified in the relevant area of medicine.
How We Can Help
Maryland medical malpractice actions are often complicated. Therefore, it is important to have the assistance of a skilled and experienced attorney by your side.
If you believe that you may have suffered from medical malpractice, it is important to speak with an attorney who specializes in this area as soon as possible. Upon meeting with a medical malpractice attorney, you will be asked to explain what happened in as much detail as possible. It is helpful to bring a copy of your medical records as well. The attorney will then be able to discuss your legal options with you.
The personal injury attorneys of Hyatt & Weber, P.A. understand the potentially devastating impact of a serious accident or medical mistake. If you or someone you love has been injured due to someone else’s negligence, we are here to help. Our Maryland personal injury attorneys are experienced and dedicated to pursuing the compensation you deserve.
To better understand your rights, contact us today at leads@hwlaw.com or (410) 513-9349 for a free consultation.