Maryland Medical Malpractice Law - An Overview
By Aaron Larson
Law Offices of Aaron Larson
July, 2004
Important Notice: The following overview of Maryland's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Maryland's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Maryland.
Contents
- What Is Medical Malpractice
- Limits on Malpractice Damages
- Collateral Source Rule
- Rules for Expert Witnesses
- Joint and Several Liability
- Statute of Limitations
- Limits on Attorney Fees
- Additional Rules
- Why Use A Malpractice Lawyer
What Is Medical Malpractice
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
- Misdiagnosis of, or failure to diagnose , a disease or medical condition;
- Failure to provide appropriate treatment for a medical condition;
- Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Limits on Malpractice Damages
Non-economic damages are limited to $650,000.00 through 2008; therafter, the cap is raised by $15,000.00 every three years.
Collateral Source Rule
Under the collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage.
Rules for Expert Witnesses
A medical must have clinical experience, have provided consultation relating to clinical practice, or taught in the defendant's speciality or a related field within five years of the act or omission underlying the complaint. A medical expert must not spend more than 20% of his or her time testifying in personal injury cases.
Joint and Several Liability
Under the rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment.
Statute of Limitations
Medical malpractice actions must be commenced within five years from the date of the act or omission giving rise to injury, or within three years of its discovery, whichever period is shorter. For medical malpractice cases involving minors under 11 years of age, the statute of limitations begins to run on the minor's 11th birthday. For injuries to the reproductive system of a minor under the age of sixteen, or for injury caused by a foreign object negligently left inside the minor's body, the statute of limitations begins to run on the minor's 16th birthday.
Limits on Attorney Fees
The trial court or pretrial screening panel will review disputed attorney fees in medical malpractice cases.
Additional Rules
Within 90 days of filing a complaint, a plaintiff must file a certificate of expert consultation.
Unless a court orders otherwise and all parties agree not to participate, medical malpractice claims are submitted to a health claims arbitration panel. The findings and award of the panel are presumed correct and are admissible at trial. The rejecting party is liable to the other side for costs if a less favorable verdict is reached after trial.
There is discretionary periodic payment of future damages.
Why Use A Malpractice Lawyer
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.
Injured by a medical mistake? Talk to a medical malpractice lawyer for free.
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Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.
Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.
Copyright © 2003-2006 Aaron Larson. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder, except as follows: You may link this article to your website, either directly or through an ExpertLaw Library index page, provided your link does not depict this article, its author, or expertlaw.com in a negative manner.