Medical malpractice is a deeply personal, often traumatic event that can leave patients and their loved ones feeling frustrated, uncertain, and overwhelmed. When the care you or a family member received from a hospital falls below acceptable standards and causes harm, you may wonder whether you have the right to file a claim and what that process entails. In Maryland, the rules governing medical malpractice claims involve complex considerations, including timelines, thresholds for proving negligence, and special procedures unique to hospitals.
What Is Considered Medical Malpractice?
Medical malpractice occurs when a hospital or its staff deviates from the standard of care expected in similar circumstances, and that deviation directly results in harm. It’s not enough to show that medical professionals made a mistake; instead, you must establish that the hospital’s actions—or lack thereof—failed to meet what a reasonable hospital would have done. If this failure led to injury or worsened a condition, you may have grounds to file a claim.
Can You File Against a Hospital, Not Just a Doctor?
Yes, you absolutely can bring a claim against a hospital itself. Hospitals have responsibilities separate from the individual care providers they employ or contract with. Issues such as systemic errors, insufficient staffing, poor maintenance, faulty equipment, failure to maintain sanitary conditions, or inadequate monitoring can all form the basis of liability. When hospital policies or institutional practices contribute to patient harm, it may be appropriate to target the hospital as a defendant—and not merely the individual healthcare professionals involved.
How Do You Determine Liability?
Hospitals operate under the doctrine of “vicarious liability,” meaning they can be held responsible for the actions of their employees if those actions were within the scope of their work. Additionally, hospitals can face direct liability for their own failures: unsafe procedures, lack of protocols, or negligent hiring and training. Establishing liability, then, may require examining the roles of both the individuals and the institution.
What Are the Time Limits for Filing?
In Maryland, the statute of limitations for medical malpractice claims generally provides three years from the date the injury was discovered, or would reasonably have been discovered, for filing a lawsuit. There is a hard cap at five years from the date of the incident, regardless of when the harm becomes apparent. Because the clock can start running well before patients realize the full extent of their injuries, it is crucial to act promptly to preserve your rights.
Are There Special Procedures for Filing in Maryland?
Yes, Maryland requires an informative process before a malpractice suit proceeds. One of the key requirements is the submission of a “certificate of qualified expert.” This document, signed by a medical professional in the relevant discipline, must affirm that there is a reasonable belief that the hospital deviated from accepted standards of care. This certificate acts as a preliminary filter to discourage baseless lawsuits. Additionally, you are required to notify each prospective defendant in writing at least 60 days prior to filing the suit in court. These procedural thresholds help ensure that cases have merit before they advance to litigation.
What Kind of Damages Can Be Recovered?
If a hospital is found liable, damages may include the cost of past and future medical care needed to correct the harm, lost income, and compensation for pain and suffering. In very rare cases, punitive damages may be awarded—but such awards are only allowed when hospital conduct was particularly reckless or egregiously negligent, exceeding mere mistakes or oversight. Maryland has caps on certain categories of damages—for example, limits may apply to recoveries for non-economic losses.
What Happens During the Investigation?
Once a claim is initiated, the hospital will conduct its own internal investigation into what occurred. You may be asked to provide medical records, statements from witnesses, and expert opinions. Simultaneously, your side will likely consult medical professionals to analyze hospital records, evaluate treatment decisions, assess system factors, and reconstruct the timeline of care. This investigative phase can take considerable time and resources, but it is essential for building a strong case.
Experienced Silver Spring Medical Malpractice Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates
If you believe you or a loved one suffered harm due to negligent hospital care, our Silver Spring medical malpractice lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates can review your situation and discuss potential legal options. Call us today at 202-223-4488 or fill out our online form for a free consultation. Located in Washington, D.C., we proudly serve clients in the surrounding areas, including Northern Virginia and Maryland.
