Published by Arfaa Law Group
Under Maryland law, people harmed by negligent medical care can pursue damages via medical malpractice claims. They must comply with the statutory requirements, though, including filing a certificate of a qualified expert, and if they fail to do so, their claims may be dismissed. In a recent ruling, a Maryland court discussed the timeliness of expert certificates in a matter in which it ultimately rejected the plaintiff’s explanation for his delay. If you were hurt by the carelessness of a healthcare provider, you may be owed damages, and you should meet with a Baltimore medical malpractice attorney as soon as possible.
Factual and Procedural Background
It is reported that in 2018, the plaintiff, who has autism spectrum disorder, received treatment at the defendant’s facility. He claimed that during treatment, he was subjected to noise exposure therapy involving distressing and loud sounds, leading him to injure himself by hitting his head against a window. As a result, he alleged that he suffered a brain injury and experienced increased self-injurious behavior. In 2021, the plaintiff, through his mother, filed a medical malpractice claim in the Health Care Alternative Dispute Resolution Office (HCADRO), alleging the defendant’s negligence.
Allegedly, the plaintiff missed the statutory deadline to file a certificate of a qualified expert (CQE) but was granted an extension. He eventually submitted a letter from a doctor, which purported to serve as the CQE, and then filed multiple motions, including motions for summary judgment and extensions of time to file a new CQE. The defendant waived arbitration, and the case was transferred to the trial court. After reviewing the motions, the trial court denied the plaintiff’s requests and dismissed the case due to the plaintiff’s failure to file a compliant CQE. This dismissal led to the plaintiff’s appeal.
Timeliness of Certificates of Qualified Experts
On appeal, the court reviewed whether the trial court had correctly denied the plaintiff’s motion for an extension of time and whether it had appropriately dismissed the case due to the lack of a compliant CQE.
The court first noted that under Maryland law, a CQE must be filed within 90 days of the malpractice claim unless an extension is granted, which it was in this case. However, the court found that the CQE submitted by the plaintiff failed to meet several statutory requirements, including the qualifications of the expert and the necessary attestation regarding the expert’s professional activities.
Additionally, the court observed that the plaintiff had already been granted the maximum extension allowed and had not demonstrated good cause for further extensions. The court also addressed the plaintiff’s claims that the defendant obstructed access to relevant documents, ruling that these claims were unsupported and that discovery was not necessary to file a CQE.
Ultimately, the court concluded that the plaintiff’s failure to submit a compliant CQE was equivalent to not filing any certificate at all. As such, the court upheld the trial court’s dismissal of the case without prejudice.
Meet with a Trusted Baltimore Medical Malpractice Lawyer
If you suffered injuries due to incompetent medical care, you should meet with an attorney to discuss what evidence you must produce in order to recover damages. The trusted Baltimore medical malpractice attorneys at Arfaa Law Group can advise you of your options and help you to seek the best outcome possible. You can reach us via our online form or by calling us at (410) 889-1850 to arrange a conference.