Maryland medical malpractice claims must pass through a specialized pre-suit process before a claimant may pursue them in court. Missing an expert certificate or filing deadline can end a case without a decision on negligent care. This was demonstrated in a recent Maryland appellate decision that illustrated how strictly courts enforce those requirements. If you were injured by incompetent medical care, it is important to act promptly, and you should discuss your potential claims with a Baltimore medical malpractice attorney as soon as possible.
Facts and Procedural History
Allegedly, the plaintiff received emergency-room care on June 3, 2021, and an intravenous line may have been inserted improperly into the plaintiff’s hand. Acting without counsel, the plaintiff filed both a circuit court complaint and a document presenting the same claim to Maryland’s Health Care Alternative Dispute Resolution Office on April 19, 2024. The defendant hospital moved to dismiss the court action because the plaintiff had neither filed a certificate from a qualified expert nor waived arbitration as required by the Health Care Malpractice Claims Act.
Reportedly, the circuit court granted that motion on July 5, 2024. The plaintiff did not appeal but sent a letter requesting that the case remain on hold during a state medical board investigation. The letter lacked a certificate of service, and the court took no action. The administrative office later dismissed the claim because the plaintiff had not supplied the required certificate.
Published by Arfaa Law Group












