Under Maryland law, filing a certificate from a health care provider is a prerequisite to any plaintiff wishing to pursue a medical malpractice lawsuit against a board-certified health care provider. Not only must the plaintiff file a certificate, but also the certificate must be from a provider in the same specialty as the defendant or a related specialty. In a recent malpractice case against a transplant surgeon, the Court of Special Appeals of Maryland evaluated the specifics of the certificate requirement, including who is qualified to issue the certificate. If you sustained damages due to a negligently performed surgery, it is critical to retain an experienced Maryland medical malpractice attorney to assist you in pursuing damages from the provider that caused your harm.
Facts Regarding the Plaintiff’s Treatment
It is alleged that the plaintiff suffered from end-stage kidney disease. As a result, she obtained a kidney transplant at the defendant hospital. The surgery was performed by the defendant doctor, who was a board-certified surgeon specializing in kidney transplantation. The plaintiff ultimately filed a medical malpractice lawsuit against the defendants, asserting that the defendant doctor departed from the applicable standard of care by transplanting an incompatible kidney in the plaintiff.
Reportedly, prior to filing her lawsuit, the plaintiff filed a certificate and report from a licensed nurse practitioner who was certified in coordinating clinical transplants. The defendants filed a motion for summary judgment, arguing that the plaintiff failed to meet the Maryland requirement that a plaintiff must file a certificate from a health care provider in the same field as the defendant prior to filing a medical malpractice lawsuit.