Do I Need Expert Testimony for a Malpractice Case in Maryland?

 Posted on June 26, 2025 in Medical Malpractice

If you suffered an injury caused by a medical professional in Maryland, you may have the option to recover financial compensation for the losses you incurred. However, as the person filing the claim or lawsuit, you are responsible for proving fault and a direct connection to your losses. One of the most important elements in a medical malpractice lawsuit is expert testimony. Maryland law makes it a requirement if you want to sue, and an experienced Hagerstown, MD medical malpractice attorney can guide you through the process.

What Is an Expert Witness in a Maryland Malpractice Case?

An expert witness in a medical malpractice case is typically a licensed healthcare provider who has specialized knowledge relevant to the issues in your claim. Their role is to explain how the standard of care applies to your case and whether the provider in question failed to meet that standard. Maryland courts rely on experts to help jurors and judges understand complex medical facts that are beyond the knowledge of the average person. 

For example, if your case involves a surgical error, your expert will likely be a board-certified surgeon with experience in the relevant specialty. They can testify about what a reasonably competent surgeon would have done in the same situation.

Is Expert Testimony Required When Filing a Malpractice Lawsuit in Maryland?

Under Maryland statute § 3-2A-04, you must file a certificate of a qualified expert with the Health Care Alternative Dispute Resolution Office (HCADRO) within 90 days of filing a lawsuit. The certificate must be signed by a qualified medical expert and must state that the defendant in your case breached the standard of care. It also has to show that the breach caused your injury. 

Without this certificate, the court may dismiss your case or rule that it lacks sufficient evidence to proceed to trial. You may also not be able to prove that the provider’s actions directly caused your injuries without an expert’s opinion. There are some exceptions for rare situations, such as if a layperson could understand the negligence without expert input – for instance, if a surgical instrument was left inside you or a loved one during an operation. However, these exceptions are limited.

What Are the Rules for Choosing a Medical Expert in Maryland?

Maryland has strict rules about who qualifies as a medical expert in a malpractice case. The expert must meet specific criteria, which are outlined in statute § 3-2A-02(c)(2). To qualify, your expert witness must:

• Be licensed to practice medicine

• Have clinical experience, or provide teaching in the same or a similar medical field as the defendant in your case

• Have had no more than 20 percent of their professional activities devoted to testifying in personal injury cases

These requirements ensure that the expert’s opinion is credible and based on real-world experience, not just courtroom testimony.

Speak With a Hagerstown, MD Medical Malpractice Lawyer Today

Medical malpractice cases in Maryland are nearly always highly complex. With over 12 years of experience in personal injury law, the Washington County, MD medical malpractice attorney at Serafini Law gives each case full, undivided attention. We are based in Hagerstown, remain deeply involved in the local community, and are always available. Call 240-744-1600 to schedule a free consultation today. You need a legal representative who will support you while fighting the insurance companies and other defendants to protect your rights.