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. Continue Reading ›