Link to State Law: Maryland Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Maryland state law, contact an experienced attorney.
Statute of Limitations: Medical malpractice actions in Maryland must be commenced within five years of the date of the act or omission giving rise to injury, or within three years of the date of its discovery, whichever is shorter. For cases involving injuries to the reproductive system of a minor under the age of sixteen, the statute of limitations begins to run on the minor's 16th birthday. The same rule applies for an injury caused by a foreign object left inside the minor's body. For cases involving minors under 11 years of age, the statute of limitations begins to run on the minor's 11th birthday.
Minimum Qualifications of Expert Witnesses: In Maryland, a medical malpractice expert witness 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 that is the cause of the complaint. In addition, a medical expert must not spend more than 20% of his or her time testifying in personal injury cases.
Limitations on Monetary Damages: Non-economic medical malpractice damages in a Maryland medical malpractice case are limited to $650,000 through 2008; therafter, the cap is raised by $15,000.00 every three years.
Limitations on Attorney Fees: The trial court or pretrial screening panel will review disputed attorney fees.