To sue a hospital for negligence in Maryland, these are the first key steps to take:
- Hire an experienced medical malpractice lawyer
- Determine fault
- Prove negligence
- Compile the evidence
- File with Maryland’s HCADRO
- File the complaint
- Mediation, settlement, or trial
Preventable medical errors undeniably claim the lives of thousands of Marylanders each year and leave many more with catastrophic injuries. These avoidable mistakes from a medical professional have a devastating impact on patients and their families.
Reach out to a Baltimore medical malpractice lawyer today so we can review your case and offer expert medical malpractice guidance
7 Steps on How to File a Lawsuit Against a Hospital
Filing a medical negligence lawsuit in Maryland involves an elaborate legal process to hold a hospital accountable for substandard care.
Below is a detailed guide on how to file a medical negligence lawsuit against a hospital in Maryland.
1. Determine Fault
The first step in pursuing a medical malpractice case is to assess the situation and identify if negligence occurred. This step involves understanding the roles of various healthcare professionals and the overall responsibility of the hospital.
It’s important to determine if any healthcare workers, such as doctors, nurses, or staff members, deviated from the standard of care expected in their field. The hospital itself may also be held responsible if it fails to enforce proper policies or ensure a safe environment.
Entities that can be sued include:
- Doctors: Individual physicians who may have made errors in diagnosis or treatment
- Nurses or other medical staff: Negligence from improper monitoring or medication administration
- The Maryland hospital: Liability for staff negligence or inadequate procedures contributing to the harm
Scenario: A doctor working as an independent contractor at a hospital prescribes a medication without checking for patient allergies. The patient suffers from anaphylaxis.
Likely liability: The doctor would likely be individually liable. The hospital may only be liable if the doctor was misrepresented as an employee or if hospital procedures contributed to the error.
2. Prove Negligence
To successfully file a medical negligence lawsuit in Maryland, you must prove the following four elements of negligence:
- Duty of Care: Show that the hospital or healthcare professional owed a duty to provide proper care.
- Breach of Duty: Demonstrate that this duty was breached by failing to meet the medical standard of care.
- Causation: Prove that the breach directly caused harm or injury to the patient.
- Damages: Present evidence of the damages, including medical costs, lost wages, or emotional distress.
Each of these elements must be demonstrated with clear evidence, and your case must link the hospital’s actions or lack thereof directly to the harm you experienced.
3. Compile the Evidence
Gathering strong evidence is key to supporting your medical malpractice claim in Maryland. Start by collecting all relevant medical records, bills, and any documentation related to the treatment you received.
These can include:
- Hospital admission records
- Doctor’s notes
- Prescription history
- Test results and imaging reports
This evidence will be key in proving the hospital’s failure to meet the required standard of care.
In Maryland hospital negligence cases, medical records and expert testimony form the backbone of proof. Medical records reveal critical timelines, treatments provided, and gaps or errors in care. Experts interpret these records, explain how care fell below accepted standards, and testify about how that failure caused harm.
Maryland law also requires a Certificate of Qualified Expert — a formal statement from a medical expert affirming that the care you received fell below standards and caused your injury. Working with the right experts early strengthens your case and ensures compliance with legal requirements.
At Frank Spector Law, a DC medical malpractice lawyer can handle this process for you, ensuring all necessary documents are collected and presented effectively in your case.
4. File With Maryland’s HCADRO
In Maryland, before proceeding with a medical negligence lawsuit, you must first file your claim with the Health Care Alternative Dispute Resolution Office (HCADRO). This step is mandatory and provides an opportunity to resolve the issue outside of court.
The HCADRO offers mediation and arbitration options to help settle disputes between patients and healthcare providers. During mediation, both parties attempt to reach a mutually agreeable solution with the help of a neutral mediator.
If mediation fails, arbitration offers a more structured approach, where a panel reviews the case and issues a binding decision. If the case isn’t resolved through these methods, you may proceed with filing a formal lawsuit.
Arbitration vs. Court: What’s the Best Path?
Plaintiffs can choose to waive arbitration and proceed directly to court. While arbitration can sometimes lead to faster resolutions, court cases allow access to a jury, broader discovery, and potentially higher damages awards.
Our experienced malpractice attorney will assess the best forum based on the facts of your case.
5. Hire an Experienced Medical Malpractice Lawyer From Our Law Firm
Dealing with a medical malpractice lawsuit is complex, which is why it’s essential to have an experienced attorney by your side. A specialized medical malpractice lawyer from our firm, Frank Spector Law, will guide you through every step of the process, from filing with HCADRO to preparing for trial when you want to sue the hospital.
With our in-depth knowledge of Maryland’s laws and the intricacies of medical negligence cases, our qualified personal injury attorney can significantly enhance your chances of securing a favorable outcome so your out-of-pocket expenses don’t overwhelm you.
We can help gather evidence, consult with expert witnesses, and negotiate with insurance companies, ensuring that your case is presented as strongly as possible. Don’t be a victim of medical negligence; let us help your medical malpractice lawsuit in Maryland.
Additional reading: how much is the average medical malpractice settlement
6. File the Complaint
Once the HCADRO process is complete, the next step is filing your official complaint with the Maryland court system. This formal legal document outlines the details of your case, including the facts surrounding the alleged negligence, the entities you are suing, and the damages you seek.
7. Mediation, Settlement, or Trial
After your lawsuit is filed, there are several possible outcomes. Mediation is often the first option, where both parties meet with a neutral third party to attempt a settlement.
If successful, this outcome can save time and legal costs. If mediation fails, settlement discussions may still take place directly between the parties or their lawyers.
If neither mediation nor settlement works, your case will proceed to trial, where a judge or jury will hear the evidence and make a final decision. At every stage, your lawyer from Frank Spector Law will advocate on your behalf to secure the best possible result.
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When Is a Hospital Liable for Its Staff’s Negligence?
Hospitals can be held liable for the actions of employees such as nurses, technicians, and support staff when negligence occurs within the scope of their employment. This includes failures in monitoring, improper medication administration, or breaches in sanitation protocols. However, many hospitals try to limit liability by classifying doctors as independent contractors rather than employees.
If the negligent provider is an independent contractor, holding the hospital accountable is more challenging unless the hospital had direct responsibility, for example, failing to vet the provider’s credentials or enforce safety protocols.
Hospitals also have non-delegable duties, meaning they cannot shift certain responsibilities (like patient safety and facility hygiene) to contractors. Our skilled attorney can assess whether the hospital’s policies, oversight, or failures contributed to your harm.
Hospital vs. Doctor Liability: What’s the Difference?
A hospital may be liable for systemic failures, such as poor staffing, inadequate policies, or failure to maintain a safe environment. By contrast, a doctor (especially an independent contractor) may bear direct responsibility for clinical decisions like diagnosis, surgery, or treatment.
Your case might involve both: for example, a hospital failing to monitor an at-risk patient and a doctor misdiagnosing a condition. Determining who is legally responsible impacts the strategy, potential recovery, and how the lawsuit proceeds.
| Type of Error | Who May Be Liable | Example |
|---|---|---|
| Medication administration error by nurse | Hospital (if nurse is an employee) | A nurse gives a patient the wrong medication dosage. |
| Surgical error during operation | Doctor (if independent contractor) / Hospital (if staff) | Surgeon leaves a surgical instrument inside a patient. |
| Failure to sanitize equipment | Hospital | Staff fail to sterilize surgical tools, causing infection. |
| Misdiagnosis or delayed diagnosis | Doctor (if independent contractor) | ER doctor fails to diagnose appendicitis. |
| Inadequate patient monitoring on ward | Hospital | Staff miss signs of patient deterioration overnight. |
| Faulty hospital policy or systemic failure | Hospital | Medication dispensing protocol leads to repeated overdoses. |
| Breach of privacy (records mishandling) | Hospital | Records clerk improperly shares patient’s private information. |
Reasons to Sue a Hospital in Maryland
There are several reasons why patients might sue a hospital in Maryland. Whether for medical mistakes or other issues, hospitals can be held accountable when they fail to meet standards of care.
- Misdiagnosis: Delayed or incorrect diagnosis can worsen a patient’s condition, making hospitals liable for failing to diagnose properly.
- Surgical Errors: Mistakes during surgery like operating on the wrong area or leaving tools inside can cause serious harm and lead to lawsuits.
- Inadequate Staffing: Lack of staff can result in delayed treatment and medical errors, making hospitals responsible for harm caused by understaffing.
- Failure to Provide Treatment: Hospitals can be sued if they delay or fail to provide necessary care, worsening a patient’s condition.
- Failure to Document: Incomplete or missing medical records can lead to harmful mistakes, and hospitals may be held responsible for poor documentation.
- Discrimination: Hospitals must treat all patients fairly. Discrimination based on race, gender, or other factors can lead to legal action.
- Emotional Distress: Patients may sue for emotional distress caused by negligence, such as a wrong diagnosis or improper treatment.
- Billing Issues: Overcharging or billing for unprovided services can lead to disputes, and patients have the right to challenge fraudulent bills.
- Infection Due to Poor Hygiene: Hospitals can face lawsuits if patients contract infections due to unsanitary conditions.
- Lack of Informed Consent: Failing to inform patients of treatment risks can result in legal claims, even if the procedure is successful.
- Breach of Privacy: Unauthorized sharing of medical records can lead to lawsuits for privacy violations.
- Wrongful Death: Families may file lawsuits if a loved one dies due to hospital negligence.
Scenario: A patient undergoing surgery at a Maryland hospital develops a severe infection because hospital staff failed to sterilize the equipment. The surgeon followed the correct procedure, but the instruments were contaminated due to poor hospital protocols.
Likely liability: The hospital would be liable due to failure to enforce sterilization protocols, a non-delegable duty.
Notable Examples of Hospital Negligence
Real-world cases help illustrate how hospitals can be negligent. Examples include:
- Failure to sanitize equipment, leading to patient infections.
- Wrong-site surgery or surgical tools left inside patients.
- Emergency room delays, causing critical harm.
- Overmedication or incorrect medication due to faulty hospital protocols.
- Inadequate supervision of staff, resulting in patient injury or death.
These examples show how errors beyond a doctor’s individual actions can create hospital liability.
Additional reading: suing a hospital for emotional distress
How Patient Actions Can Affect a Hospital Negligence Claim
When it comes to medical malpractice in Maryland, the state follows a contributory negligence rule, one of the strictest in the U.S. If a patient’s actions contributed in any way to their injury — even slightly — they may be barred from recovering damages.
For example, not following discharge instructions or failing to disclose important medical history could potentially be argued as contributory negligence.
Hospitals may raise this defense to avoid liability, so it’s critical to work with an attorney who can present strong evidence that the harm resulted solely from hospital negligence.
The Statute of Limitations to Sue a Hospital
The Maryland medical malpractice statute of limitations states that you generally have five years from the date of injury or three years from when the injury was discovered to file a medical negligence lawsuit or malpractice case. Missing this deadline can prevent you from pursuing compensation, so it’s essential to act quickly.
Taking timely action helps ensure your claim moves forward and increases your chances of success. Exceptions to this deadline include cases involving minors or if there was intentional fraud.
Consulting a Maryland medical malpractice lawyer early in the process can help you understand the timeline and protect your rights.
| Scenario | Timeframe to File a Claim | Notes |
|---|---|---|
| Standard adult medical negligence claim | 3 years from discovery / 5 years from incident | Whichever comes first under Maryland law. |
| Injury to a minor | Until age 21 | Clock starts at age 18 for minors injured as children. |
| Fraudulent concealment by hospital | Extended up to 5 years from discovery | Applies if hospital actively concealed the harm. |
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What is the Compensation for Medical Negligence?
When patients experience medical negligence, they may be entitled to compensation for their suffering and losses. In Maryland, compensation can come from settlements or jury verdicts, depending on how the case is resolved.
Economic Damages
Economic damages refer to the tangible financial losses that a patient suffers due to medical negligence. Examples include medical expenses for treatments, hospital bills, and costs for ongoing care.
Additionally, lost wages from time away from work due to recovery can also be included.
These damages are typically calculated by adding up all related costs and projecting future expenses, providing a clear picture of the financial impact on the victim.
Additional reading: how to prove medical malpractice
Non-Economic Damages
Non-economic damages represent the intangible losses a person experiences as a result of medical negligence. These include pain and suffering, emotional distress, and loss of enjoyment of life.
Unlike economic damages, which have clear financial figures, non-economic damages are more subjective and can vary widely from case to case.
In Maryland, non-economic damages are capped, limiting the amount a victim can receive for these types of losses.
Additional reading: malpractice vs negligence
Contact Us for Expert Legal Advice on Hospital Negligence in Maryland
If you believe you have experienced hospital negligence, it’s essential to seek expert legal advice as soon as possible. At Frank Spector Law, our Maryland malpractice attorney team is here to evaluate your case and provide the guidance you need to be aware of the legal process.
Your health and rights matter, and we’re committed to advocating for you every step of the way.
Don’t wait any longer—contact us today at 443-647-4815 for a consultation, and let us help you pursue the compensation you deserve.
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FAQs
Can I sue a hospital for emotional distress alone?
Emotional distress claims are typically part of a larger malpractice lawsuit. You need to show that the hospital’s negligence caused not just physical harm, but serious psychological suffering. Expert testimony and documentation from mental health professionals can strengthen these claims.
Is it worth suing a hospital?
Suing a hospital can be worth it if you’ve suffered serious harm due to negligence that resulted in lasting injury, financial loss, or emotional distress. A successful lawsuit can provide compensation for medical costs, lost wages, and pain and suffering. Consulting with our attorney helps assess your case’s strength.
Is it hard to win a lawsuit against a hospital?
Winning a lawsuit against a hospital can be challenging because you must prove negligence, causation, and damages with strong evidence. Hospitals often have experienced legal teams defending these claims. However, with our skilled legal representation and expert testimony, many patients secure meaningful settlements or verdicts.
How much money does it cost to sue a hospital?
The cost of suing a hospital varies but often includes filing fees, expert witness costs, and other legal expenses. Our medical malpractice lawyers work on a contingency fee basis, meaning you pay nothing upfront, and our lawyer is paid only if you win compensation.