How Do I Know if I Have a Medical Malpractice Case in Maryland?

 Posted on June 03, 2026 in Medical Malpractice

A bad medical outcome doesn’t always qualify as medical malpractice. Even with the best medical care, bad things can happen. Medical malpractice hinges on whether your provider met the expected standard of care for someone of their training in their field. If another medical provider in a similar situation and with similar training would not have done the same things that your provider did, you may have a malpractice case.

If you're concerned that you may have suffered injury as a result of medical malpractice in 2026, a Prince George's County, MD medical malpractice lawyer can help you understand whether you have a claim.

What Are the Components of a Medical Malpractice Claim in Maryland?

All medical malpractice cases in Maryland have four key elements. The first is that you were your provider’s patient, and because of this, they owed you a "duty of care." Secondly, you must prove that your provider failed that duty by doing (or failing to do) something another reasonably careful provider would not have.

Third, it needs to be clear that this failure caused your injury. The provider’s mistake, not another underlying condition, led to you getting hurt. Lastly, you must prove that you suffered real damages. This includes things like additional medical bills, lost income, pain, or a worsened condition.

What Kinds of Mistakes Count as Medical Malpractice in Maryland?

Certain mistakes can clearly be malpractice. They are obvious failures, even to an untrained person. Others are more subtle but just as valid.

Common examples include:

• Misdiagnosis or delayed diagnosis, especially of cancer, heart attacks, or strokes

• Surgical errors, such as operating on the wrong site or leaving an instrument in the body

• Medication mistakes involving the wrong drug or dosage

• Birth injuries to a mother or baby

• Anesthesia errors during a procedure

• Failure to monitor a patient after treatment, leading to infections or poor healing

These are all issues that a competent provider could reasonably be expected to handle without doing additional harm to a patient.

Are There Special Requirements for Filing a Malpractice Claim in Maryland?

Maryland has strict rules that make malpractice cases different from other injury claims. The most important thing is the certificate of a qualified expert. Under Md. Code, Courts & Judicial Proceedings § 3-2A-04, you must file a written certificate from a qualified medical professional stating that your provider did not meet the standard of care, which caused your injury.

This requirement exists to avoid unnecessary or poorly-founded suits. It means that you will need to find a provider to give a second opinion on your situation fairly quickly. The certificate must generally be filed within 90 days of beginning your claim.

How Do I Begin Filing a Medical Malpractice Claim in Maryland?

If you suspect malpractice, you should begin by gathering records of your medical care. The following steps will help you build a strong, organized foundation for your claim:

• Request complete copies of your medical records.

• File a "Statement of Claim" with the Health Care Alternative Dispute Resolution Office (HCADRO).

• Find a second provider to fill out the qualified expert certificate.

• Write down the timeline of what happened while it's still clear in your mind.

• Avoid signing anything from the provider or their insurer before consulting with a legal professional.

In Maryland, you generally have to file within five years of when the injury was committed, or three years from when you discovered the injury. Courts will go with whichever date came earlier as the cutoff for filing, so act promptly to give yourself the best chance to recover compensation.

Call a College Park, MD Medical Malpractice Lawyer Today

If you’re unsure about whether or not you’ve experienced medical malpractice, it’s wise to have experienced legal counsel. Our Prince George's County, MD personal injury attorney has over 12 years of experience with malpractice cases. Attorney Serafini is a Hagerstown local and is very active in the local community. He’s supportive of clients and aggressive with other defendants and insurance companies.

Call Serafini Law at 240-744-1600 today for a free consultation. We offer contingency fee billing, so you can be confident that you won’t pay legal fees unless we win.