
To win a medical malpractice case in Maryland, you must show that a healthcare provider was negligent and that this negligence caused harm. To do this, you’ll need to establish that the four main elements were present:
- Duty of care
- Breach of duty
- Causation
- Damages
To help establish breach of duty, causation, and damages, key pieces of evidence will be needed, such as:
- Medical records
- Expert testimony
- Certificate of a qualified expert
- Documentation of damages
- Witness testimony
In 2020, Maryland saw 603 medical malpractice suits filed, and preventable medical errors kill thousands of Maryland residents every year, making it clear that medical professionals need to be held accountable.
Proving that medical malpractice occurred is incredibly difficult on your own, which is why hiring an experienced Baltimore medical malpractice lawyer is a good idea to do this for you.
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Do I Have a Case for Medical Malpractice?
To successfully prove a medical malpractice case in Maryland, each of these components plays a critical role in demonstrating that the healthcare provider’s actions—or lack thereof—caused harm:
- Duty of Care: The first element is the duty of care, which means that the healthcare provider has a legal obligation to provide treatment that meets a standard of care appropriate for the patient’s condition. In other words, the doctor, nurse, or hospital must have been responsible for the patient’s well-being under typical medical standards.
- Breach of Duty: Next is a breach of duty, which occurs when a healthcare provider fails to meet the standard of care. A breach can include errors in diagnosis, treatment, or aftercare that fall below what a reasonably competent professional would have done under similar circumstances.
- Causation: Causation links the breach of duty to the injury or harm suffered by the patient. It’s not enough to show that the provider made a mistake—you must prove that the error directly caused the patient’s injury or worsened their condition.
- Damages: Lastly, you need to prove damages, which means demonstrating that the patient suffered significant harm, such as physical injury, emotional distress, or financial losses, as a direct result of the provider’s negligence. These damages often include medical bills, loss of income, or ongoing care expenses.
To pursue a viable malpractice claim, the harm caused must generally be serious, involving significant physical injury, disability, or major financial losses.
⚠️ Important: Not every bad medical outcome is malpractice. Sometimes, treatment fails even when a doctor provides proper care. Malpractice only exists when a provider breaches the standard of care and that breach causes harm.

Types of Damages You Can Claim in Maryland
When pursuing a medical malpractice claim in Maryland, you can seek two primary types of damages: economic and non-economic. Each category compensates for different kinds of losses related to the malpractice.
Economic damages are tangible, financial losses that can be calculated and documented. These are intended to cover the actual costs resulting from the harm caused by medical negligence.
Common examples include:
- Medical Expenses: These include the cost of past and future medical treatments, such as surgeries, hospital stays, rehabilitation, prescription medications, and ongoing care related to the malpractice incident.
- Lost Wages: If the malpractice caused you to miss work or left you unable to return to your job, you may claim compensation for lost income, including future earning potential.
- Home Care and Assistance: In cases of severe injury, you may need long-term in-home care, modifications to your home, or other assistive services, which are all recoverable under economic damages.
Non-economic damages compensate for intangible losses that are harder to quantify, but equally impactful. These damages address the emotional and psychological effects of the malpractice, such as:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury, including any long-term or chronic pain.
- Loss of Enjoyment of Life: This applies when the malpractice leads to a diminished quality of life, by affecting your ability to enjoy activities or personal pursuits.
- Loss of Consortium: Family members, typically spouses, may claim damages for the loss of companionship, emotional support, and affection resulting from the malpractice.
Maryland’s Caps on Non-Economic Damages
Maryland law places a Maryland cap on non-economic damages in medical malpractice cases.
In any action for damages for personal injury (which includes medical malpractice) in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. However, this cap increases by $15,000 every year.
So, from October 1st, 2024 to September 21st, 2025, the cap is $950,000.
While there is no cap on economic damages, the state-imposed limitation on non-economic damages can significantly impact the total compensation available in a medical malpractice case.
Additional reading: how much is the average medical malpractice settlement
Common Types of Medical Malpractice
Medical malpractice can take many forms, often resulting in severe consequences for patients. Here are some common types of claims:
- Misdiagnosis: Misdiagnosis occurs when a healthcare provider incorrectly identifies a condition, leading to delayed or inappropriate treatment. Results can include unnecessary procedures or failure to address the real issue promptly.
- Surgical Errors: Surgical errors include operating on the wrong site, leaving instruments inside the patient, or performing unnecessary surgeries. These mistakes can lead to long-term complications or life-threatening injuries.
- Medication Errors: Medication errors involve giving the wrong drug or an incorrect dosage, or causing harmful drug interactions. Such errors can cause severe side effects, worsen conditions, or trigger dangerous reactions.
- Birth Injuries: Birth injuries arise from mistakes during labor or delivery that harm either the mother or child. Common issues include brain damage, fractures, or nerve injuries that may result in lifelong disabilities.
- Failure to Treat: Failure to treat occurs when a provider diagnoses a condition but does not provide adequate treatment or follow-up care, which can worsen the patient’s health, especially when timely intervention is critical.
- Anesthesia Errors: Anesthesia errors, such as improper dosing or inadequate monitoring, can have dire consequences. These mistakes may lead to brain damage, paralysis, or even death.
Additional reading: wrong medication lawsuit settlement
No matter the type of medical malpractice a health care provider has caused, we have a DC medical malpractice lawyer available to help you file a lawsuit
What Evidence is Needed for Proving Malpractice?
Proving medical malpractice in Maryland requires compelling evidence to show that a healthcare provider’s negligence caused harm. Key types of evidence include:
- Medical Records: These documents detail your treatment history, including notes, test results, and procedures. They help establish the standard of care, identify errors, and link the provider’s actions to your injuries, so it’s important to obtain complete copies from all involved providers.
- Expert Testimony: An expert in the relevant medical field must review your case and provide an opinion on the standard of care, how it was breached, and how that breach caused your harm.
- Certificate of a Qualified Expert: Maryland law requires this certificate to be filed within 90 days of your claim, confirming that a medical professional believes the defendant’s actions fell below the standard of care. Failure to provide this certificate can lead to case dismissal.
- Documentation of Damages: You need evidence of your damages, such as medical bills, proof of lost wages, and statements about pain or emotional distress caused by the malpractice.
- Witness Testimony: Testimony from medical staff, family, or others who witnessed the breach of care can provide additional context and support for your claim.
Proving Fault in Medical Malpractice Cases
Proving fault in a medical malpractice case means showing that a healthcare provider’s specific actions or omissions fell below accepted medical standards and directly caused harm. In Maryland, this involves more than pointing out a bad outcome — it requires clear evidence that the provider failed to act as a competent professional would under the same circumstances.
- To establish fault, you must first demonstrate that the provider owed you a duty of care, typically by proving a doctor-patient relationship existed.
- Next, you must show exactly how their care fell short, often using expert testimony to define what a reasonable provider would have done. This might involve pointing to misdiagnoses, surgical mistakes, medication errors, or failures in follow-up care that other professionals would have avoided.
- The most difficult part of proving fault is usually causation: linking the provider’s error directly to your injury. This often requires detailed medical evidence, records, and expert analysis to rule out other causes and show how the negligence led to specific harm.
- Finally, you must present proof of damages, such as medical costs, lost income, and physical or emotional suffering, that resulted from the negligent care.
Because of these complexities, fault in medical malpractice cases is rarely clear-cut and often requires skilled legal and medical experts to build a persuasive case.
Reach out to Frank Spector today for a personal discussion relating to your situation
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Is It Difficult to Prove Medical Malpractice in Maryland?
Yes — proving medical malpractice in Maryland is generally complex and challenging. Victims must demonstrate that a healthcare provider’s negligence directly caused harm, while navigating strict legal requirements. The process often demands extensive evidence, expert testimony, and skilled legal guidance.
1. Complex Legal Requirements
Maryland’s medical malpractice laws include procedural steps that add complexity.
- Maryland Health Care Malpractice Claims Act: This law governs how claims are handled and imposes specific filing rules.
- Certificate of Qualified Expert: Before filing a lawsuit, Maryland law requires an affidavit from a medical expert supporting the claim.
- Expert Testimony: Most cases rely on expert witnesses to explain how the standard of care was breached — a costly and time-intensive process.
2. Proving Malpractice Elements
Each element of malpractice presents its own hurdles:
- Duty of Care: Establishing a doctor-patient relationship is usually clear.
- Breach of Duty: Showing that care fell below accepted standards requires convincing expert analysis.
- Causation: Linking the breach directly to the injury is often the hardest part, as it may involve complex medical questions.
- Damages: Demonstrating both economic and non-economic harm requires thorough documentation and testimony.
3. High Burden of Proof
The plaintiff must present clear and convincing evidence. Healthcare providers and insurers typically defend these cases vigorously, making settlements and trial wins more difficult.
This high burden means that it’s not enough to simply show a mistake occurred — you must prove that the provider’s actions directly violated accepted medical standards and caused measurable harm.
Insurers and defense attorneys often present their expert testimony to challenge these claims, arguing that the outcome was due to an underlying condition or unavoidable risk.
As a result, plaintiffs must prepare a comprehensive case with strong medical evidence and expert opinions to overcome these defenses and achieve a successful resolution.
4. Emotional and Financial Challenges
Medical malpractice claims are time-consuming, stressful, and expensive, with no guaranteed outcome.
Beyond the legal difficulties, pursuing a malpractice claim can take a significant emotional toll on patients and families who are already coping with the consequences of medical harm. The process often involves:
- Reliving painful experiences
- Attending numerous legal meetings
- Facing uncertainty about the final result.
Financially, while many firms work on contingency, the costs of expert witnesses, medical reviews, and litigation add pressure, especially given that cases can take months or years to resolve. This emotional and financial strain makes it critical to have supportive, experienced legal guidance.
Additional reading: malpractice vs negligence
Challenges of Proving Medical Malpractice
Proving medical malpractice is difficult because it requires showing that a provider’s mistake directly caused harm and that harm meets a legal standard of significance. Medical providers and insurers often argue that poor outcomes can happen without negligence. The process involves complex medical and legal issues that demand skilled attorneys and expert testimony to present a strong case.
Initial Steps to Take If You Suspect Medical Malpractice
If you suspect medical malpractice, it’s essential to act quickly to protect your rights and strengthen your case. Here are important steps to follow right away:
- Document Your Experience: Keep detailed notes about your treatment, including dates, provider names, procedures, medications, and any changes in your health. This documentation will help you remember important details and provide your attorney with a clear timeline of events.
- Obtain Medical Records: Request copies of all treatment-related records, such as doctor’s notes, test results, and prescriptions. These documents are essential for identifying any errors or omissions that could support your claim.
- Seek a Second Opinion: Consult another healthcare provider to evaluate whether your original treatment met the standard of care. This second opinion can validate your concerns and serve as key evidence in your case.
- Consult a Medical Malpractice Attorney: Speak with an experienced attorney at Frank Spector Law. Frank and his team will assess your situation, guide you through the legal process, and ensure you meet important deadlines.
- Avoid Contact with the Suspected Provider: Do not communicate directly with the healthcare provider in question. Let your attorney handle all correspondence to prevent any statements that could negatively impact your case.
- Gather Witness Statements: If other individuals witnessed your treatment or its effects, gather their statements. Their accounts can provide additional support for your claims.
- Research Relevant Laws: Familiarize yourself with Maryland’s medical malpractice laws, including statutes of limitations and specific legal requirements. Knowing these laws can help you better tackle your case.
- Stay Organized: Keep all documentation, correspondence, and evidence organized in one place. This will make it easier for your attorney to review your case and prepare any necessary filings.
- Monitor Your Health: Continue to seek medical attention for any ongoing issues related to the suspected malpractice. Documenting your health status can be important for establishing damages in your claim.
- Follow Up Regularly: Keep in touch with your attorney to stay updated on your case’s progress. Regular communication ensures that you are informed and can respond promptly to any developments.
✅ Before filing a claim, be sure to:
- Request all medical records from every provider involved in your care.
- Document your symptoms, treatments, and communications in detail.
- Obtain a second medical opinion to confirm concerns about negligence.
- Consult with a medical malpractice attorney promptly to protect your rights.
- Ensure compliance with Maryland’s requirement to file a Certificate of a Qualified Expert within 90 days of filing your claim.
Additional reading: how to get a malpractice attorney to take your case
Who Can Be Held Liable in a Medical Malpractice Lawsuit?
Multiple parties can be held responsible in a medical malpractice lawsuit, depending on who was involved in the patient’s care. These parties can include:
- Doctors and Surgeons: The primary healthcare providers, like doctors and surgeons, can be liable if they fail to provide the proper standard of care.
- Nurses and Medical Staff: Nurses and other staff may be responsible for mistakes, such as medication errors or improper patient monitoring.
- Hospitals or Facilities: Hospitals can be held accountable for issues such as understaffing or inadequate safety procedures.
- Pharmacists: Pharmacists may be liable for incorrectly filling prescriptions or missing harmful drug interactions.
- Consultants and Specialists: Specialists providing incorrect advice or misdiagnoses can also be held responsible.
- Medical Device or Drug Manufacturers: In cases involving defective products, manufacturers may share liability if their device or drug causes harm.
Additional reading: medical malpractice statute of limitations Maryland
Frank Spector and his team are on hand to identify the liable parties on your behalf. Please contact us today for your free consultation
Common Defenses in Medical Malpractice Cases
Healthcare providers and insurers may argue that the harm you suffered was not due to negligence but was an unavoidable risk or side effect of necessary care. They may claim:
- The care met the accepted standard despite the bad outcome.
- Your injury was caused by an underlying condition, not their actions.
- The damages are not as serious as claimed.
Knowing these defenses helps set realistic expectations for how your case might proceed, but you needn’t worry since Frank Spector will do all he can to mitigate these defenses as part of a free case evaluation.
What is the Statute of Limitations for Medical Malpractice in Maryland?
In Maryland, the statute of limitations for filing a medical malpractice claim is generally five years from the date of the alleged negligence, or three years from the date the injury was discovered, depending on which comes first.
Exceptions apply for minors, where the limit extends until the person turns 18, and for individuals who are mentally incapacitated, which may pause the time limit. It’s essential to consult a legal professional from our firm to understand these timelines and any specific exceptions that may be relevant to your case.
Additional reading: misdiagnosis lawsuit
How Our Legal Team Can Assist with Your Medical Malpractice Claim
An experienced legal team is essential for effectively handling a medical malpractice case. Attorneys specialize in collecting vital evidence, including medical records and expert testimonies, to strengthen your claim.
We provide guidance throughout the filing process, ensuring that all deadlines are met and that the necessary paperwork is meticulously completed. With our professional expertise, you can tackle the intricacies of the legal system with greater ease and confidence.
Legal support significantly enhances your chances of a successful outcome, as seasoned attorneys know how to persuasively present your case and negotiate effectively with insurance companies.
Most medical malpractice claims settle out of court. Trials are costly, time-consuming, and hard to win, with studies showing doctors prevail in most jury trials. Settlements enable victims to recover compensation more quickly, with less stress and expense.
Ultimately, having a dedicated legal team can greatly impact the resolution of your medical malpractice claim, and help you achieve a more favorable result.
Get Expert Help for Your Medical Malpractice Case
If you think you have a medical malpractice case, promptly seek expert legal help. The complexities of medical malpractice law can be daunting, but a skilled attorney can streamline the process.
At Frank Spector Law, our dedicated team is prepared to assess your claim and offer the support you need. We are well-versed in the nuances of cases like yours and are passionate about securing the best possible results for you.
Don’t hesitate—reach out today at 443-672-5876 to discuss your circumstances and take the first step toward obtaining the justice and compensation you deserve for your pain and suffering.
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FAQs
How does medical malpractice differ from negligence?
Medical malpractice is a specific type of negligence involving healthcare professionals, while negligence can occur in any context. The key difference lies in the duty of care expected from medical practitioners.
In malpractice cases, the standard of care is defined by competent medical professionals’ actions in similar circumstances.
What is the hardest element to prove in a medical malpractice case?
Causation is often the most difficult element to prove, as it requires demonstrating that the provider’s breach directly caused the injury. This typically requires detailed expert testimony and medical evidence.
Plaintiffs must clearly link the provider’s negligent action to the specific harm suffered by the patient.
How long does a malpractice settlement take?
The timeline for a malpractice settlement can vary widely, often taking between several months and a few years, depending on case complexity and negotiations with insurance companies and court dates. How long does a malpractice settlement take? Factors such as the willingness of parties to settle can also impact the duration.
The unique circumstances of each case will determine the overall timeline for resolution.