Understanding Maryland Medical Malpractice Law 

Are you seeking clarity on navigating the complexities of medical malpractice law in Maryland? Alpert Schreyer, LLC, is here to guide you through the intricacies of filing a malpractice lawsuit and understanding your rights. Let’s delve into the key aspects of Maryland’s medical malpractice laws and how our experienced attorneys can assist you.

What You Need to Know to File a Case

Maryland’s medical malpractice laws demand a meticulous approach. Before filing a lawsuit, it’s crucial to obtain a Certificate of Merit from a qualified medical expert. This certificate must affirm that the care provided by the medical professional breached the standard of care and directly caused the plaintiff’s injury. 

Statutes of Limitations

Understanding the statutes of limitations is paramount in medical malpractice cases. Failure to adhere to these deadlines can jeopardize your ability to seek compensation. In Maryland, the timeline for filing a lawsuit is generally five years from the date of the injury or three years from the discovery of the injury.

Mandatory Arbitration

Maryland’s mandatory arbitration requirement adds another layer of complexity to medical malpractice cases. Our seasoned attorneys possess the experience to navigate this process effectively, ensuring that your rights are protected every step of the way. We guide you through arbitration proceedings, advocating for your best interests at all times.

Informed Consent

Informed consent lies at the heart of patient autonomy. Our firm staunchly defends your right to make informed decisions about your medical care. We meticulously assess whether proper disclosure was provided regarding procedures and associated risks, holding accountable any medical professionals who fail to uphold this fundamental right.


Amazing firm. Went above and beyond in making me feel welcomed, informed, and at ease considering the serious reasons for me being there. It was my first time dealing with something like this and it was comforting knowing I had a whole team behind me working to get the best outcome possible which they did. Highly recommend this firm to anyone looking for a good reliable lawyer who will work with you and be considerate of your well being.”

- Daniel Torres

Admission of Medical Records

Admissibility of medical records is crucial in medical malpractice cases. Our attorneys meticulously evaluate the relevance of hospital records, ensuring that pathologically germane statements are appropriately admitted as evidence to support your case.

Contributory Negligence

Maryland’s contributory negligence standard presents unique challenges in medical malpractice cases. This stringent standard — one recognized by few other states — means that if the plaintiff is found to shoulder responsibility in any way they are not entitled to seeking damages.

Joint and Several Liability

In cases involving multiple defendants, our firm pursues every avenue to hold all responsible parties accountable. We leverage joint and several liability principles to ensure that you receive the full compensation you deserve.

Collateral Source Rule

Maryland’s collateral source rule affords plaintiffs the opportunity to recover damages irrespective of compensation from other sources. Our attorneys work tirelessly to maximize your recovery under this rule, ensuring that you receive full and fair compensation for your injuries.

Maryland Statutory Malpractice Law

As Maryland’s medical malpractice laws evolve, our firm remains at the forefront of legal developments, keeping you informed every step of the way. We are committed to providing accurate, up-to-date information to our clients, empowering them to make informed decisions about their legal rights.

Michael J.

Founding Partner

Andrew D.

Founding Partner







Frequently Asked Questions

What Criteria Must Be Met to Establish Causation in a Medical Malpractice Lawsuit?

Establishing causation in a medical malpractice lawsuit involves demonstrating that the healthcare provider’s negligence directly resulted in the patient’s injury or harm. Attorneys meticulously analyze the chain of events leading to the injury, consulting with medical experts to establish a clear link between the provider’s actions and the patient’s adverse outcome.

How Does Maryland Law Address Cases of Misdiagnosis or Delayed Diagnosis?

Maryland law recognizes the complexities surrounding misdiagnosis or delayed diagnosis cases, particularly in conditions like cancer. Legal teams conduct thorough investigations to determine the precise moment when the patient suffered harm due to the healthcare provider’s error. They work tirelessly to ensure that the statute of limitations is applied appropriately, allowing victims of misdiagnosis or delayed diagnosis to seek justice.

How Does Maryland Law Address Cases of Contributory Negligence in Medical Malpractice?

Maryland’s adherence to contributory negligence — meaning even if a plaintiff is only 1% at fault, they forfeit the right to damages — presents unique challenges in medical malpractice cases. Legal teams thoroughly assess the circumstances surrounding each case to determine whether contributory negligence may be a factor. They employ strategic legal arguments to minimize the impact of any alleged negligence on clients’ ability to recover compensation, advocating fiercely for their rights in and out of the courtroom.

What Strategies Are Employed to Navigate Maryland’s Arbitration Process?

Navigating Maryland’s mandatory arbitration process requires a nuanced understanding of the law and strategic advocacy. Legal professionals leverage their experience to guide clients through arbitration proceedings effectively. They negotiate on behalf of clients, seeking favorable outcomes while always preparing for the possibility of litigation if arbitration fails to yield a satisfactory resolution.

How Do Legal Teams Stay Informed of Evolving Legal Developments in Maryland’s Medical Malpractice Law?

Staying abreast of evolving legal developments is essential in effectively representing clients in medical malpractice cases. Legal teams maintain a proactive approach to legal research and education, ensuring that attorneys remain up-to-date on changes to Maryland’s medical malpractice laws. They regularly attend seminars, participate in continuing legal education programs, and collaborate with industry experts to deepen their understanding of this complex area of law.

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How Does Maryland Law Address Informed Consent in Medical Procedures?

Informed consent is a fundamental aspect of patient rights in Maryland. Attorneys diligently assess whether healthcare providers adequately disclose information about procedures and associated risks to patients. They ensure that patients have the necessary information to make informed decisions about their medical care, holding accountable any providers who fail to uphold this critical aspect of patient autonomy.

What Legal Principles Govern Loss of Chance Claims in Maryland?

Loss of chance claims present intricate legal challenges in Maryland medical malpractice cases. Legal teams navigate the legal landscape to understand how loss of chance damages are addressed under Maryland law. 

What Factors Determine Venue Preference in Maryland Medical Malpractice Cases?

Venue selection can significantly impact the outcome of a medical malpractice case. Legal teams consider various factors, such as the jurisdiction’s tendencies regarding liability and damages, when determining the most favorable venue for their clients. They assess the nuances of Maryland’s venue laws, ensuring that cases are filed strategically to maximize the chances of success for their clients.

If you or a loved one has been affected by medical malpractice in Maryland, don’t wait to seek justice. Our experienced legal team at Alpert Schreyer, LLC, is here to help you navigate the complexities of the law and fight for the compensation you deserve.

With our dedication, experience, and unwavering commitment to our clients’ rights, we will stand by your side every step of the way. Contact us today for a confidential consultation. Your path to justice starts here.

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