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4 Facts About Medical Malpractice Cases in Maryland


Health care providers earn our trust because we know the years of education, training, residency, and experience it takes to practice medicine. However, despite their extensive backgrounds, some physicians can make mistakes in providing care. After all, physicians are human. You do have rights under Maryland’s medical malpractice statute if you suffered harm because of a medical error, but you must prove certain facts. You must show that your doctor did not comply with the standards of care among physicians in the same field, with similar training, and under similar circumstances.

However, there are many other statutes and rules involved with medical malpractice claims besides those establishing the standard of care. These are matters that could have a big impact on your rights and compensation, so get help from an Owings Mills medical malpractice attorney when pursuing your options. Some basic facts about these cases are useful for understanding what to expect:

  1. Statute of Limitations: Maryland has a time restriction for all personal injury cases, including medical malpractice claims. Under the statute of limitations, you generally have 5 years from the date of the medical error that caused your injuries. If you do not file a lawsuit before the deadline expires, you are forever prohibited from recovering damages for your losses. However, there is no reason to wait when you could get paid faster by taking prompt action. 
  1. The Discovery Rule: There is an exception to the statute of limitations for medical malpractice to cover situations where you did not know about your injuries right away. Maryland’s discovery rule allows you 3 years from the date you discovered the harm or should have realized it with the exercise of due diligence. It is common to raise the discovery rule in medical misdiagnosis cases.
  1. Damages for Medical Malpractice: If you have sufficient facts to prove your case, then there are two types of compensation available in a medical malpractice claim:
  1. Economic damages are the tangible, out-of-pocket losses you have already sustained and will incur in the future because of your injuries. Examples include medical costs and lost wages.
  2. Noneconomic damages are your personal, subjective losses, such as pain and suffering, emotional distress, and other impacts on your quality of life. 
  1. Maryland’s Statutory Cap: Like some other U.S. states, Maryland has a dollar value limit on the compensation you can recover for medical malpractice. For 2023, the statutory cap is $875,000. It only applies to noneconomic damages, so you will still be entitled to receive the full amount for your economic damages. The statutory cap increases by $15,000 annually.

 Our Maryland Medical Malpractice Lawyer Can Provide Additional Details

It is useful to know a few facts about medical malpractice, but you can count on Furman | Honick Law to handle the legal details. We have extensive experience pursuing health care providers for medical errors, so we are ready to get the compensation you deserve for your massive losses. For more information, please contact our Owings Mills or Baltimore offices at 410-844-6000 or visit us online to set up a free consultation.

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