Published by Arfaa Law Group
Medical malpractice plaintiffs in Maryland must meet strict evidentiary and procedural requirements to prevail at trial. One of the most critical requirements is the presentation of expert testimony to establish the standard of care, a breach of that standard, and causation. If the expert does not testify at trial and their deposition cannot be admitted under applicable rules, the case cannot proceed. A recent Maryland decision illustrates how failing to properly secure expert testimony can prove fatal to a plaintiff’s malpractice claim. If you believe you were harmed by substandard medical care, it is essential to consult a knowledgeable Baltimore medical malpractice attorney to ensure your case is trial-ready.
Facts and Procedural History
It is reported that the plaintiff fractured his hip in a fall and underwent hip replacement surgery at a Baltimore hospital. He was discharged in stable condition but returned to the hospital less than two weeks later with complaints of pain. He was diagnosed with hemorrhagic shock and hospitalized. The plaintiff and his wife subsequently filed a medical malpractice lawsuit against the hospital and a consulting hematologist, alleging negligent management of his postsurgical care plan. The complaint also included a claim for loss of consortium.
It is alleged that the plaintiffs designated a hematology expert who was deposed during discovery and informed the defense that he would testify at trial. However, just days before trial, the plaintiffs contacted the court and opposing counsel to request a postponement, stating that their expert was on a humanitarian mission overseas and would not return in time for trial.
It is further reported that the plaintiffs had not subpoenaed the expert or arranged a trial deposition. The court denied the request for a continuance and, on the trial date, the plaintiffs sought to admit the expert’s deposition in lieu of live testimony. The court excluded the deposition, finding that the plaintiffs had not satisfied the requirements for admitting such testimony under Maryland Rules 2-419 and 5-804. The court then granted summary judgment in favor of the defendants, concluding that, without expert testimony, the plaintiffs could not establish the elements of a medical malpractice claim.
Expert Testimony in Maryland Medical Malpractice Cases
On appeal, the court affirmed the trial court’s decision. The court emphasized that under Maryland Rule 2-419, deposition testimony may be used at trial only if the witness is truly unavailable, such as being out of state and beyond the court’s subpoena power. Crucially, the court may not permit the deposition if the party offering it procured the witness’s absence. In this case, the plaintiffs had control over their expert witness and failed to take timely steps to ensure his presence. They did not subpoena him or arrange for a de bene esse deposition and waited until just ten days before trial to confirm his availability.
The court also held that even if the expert were unavailable under Rule 2-419, his deposition would still have to satisfy the hearsay exception in Rule 5-804. That rule requires not only unavailability but also that the deposition was previously subject to cross-examination by the opposing party. Here, the trial court concluded that neither requirement was met.
Because expert testimony is required in medical malpractice actions to establish the standard of care and causation, the exclusion of the expert left the plaintiffs without the necessary evidence to prove their case. The appellate court affirmed the summary judgment, holding that the plaintiffs’ reliance on their own medical research and general literature could not substitute for expert opinion. The court reiterated that complex medical issues, such as the use of anticoagulants, platelet monitoring, and the risk of bleeding, fall outside the understanding of lay jurors and require expert interpretation.
Speak with an Experienced Baltimore Medical Malpractice Attorney
Establishing medical negligence requires not only strong evidence but also strict compliance with procedural rules, including those governing expert testimony. At Arfaa Law Group, our seasoned Baltimore medical malpractice attorneys understand the importance of presenting admissible expert opinions and can ensure your case is trial-ready. If you or a loved one suffered harm due to negligent medical care, contact us at (410) 889-1850 or complete our online form to schedule a free consultation.