Published by Arfaa Law Group
When grieving families question the accuracy of a medical examiner’s conclusions, the stakes are deeply personal. Yet turning those concerns into a viable lawsuit is fraught with procedural hurdles, particularly when the defendant is a state agency. A recent Maryland decision illustrates how the doctrine of sovereign immunity and strict service requirements under the Maryland Tort Claims Act can bring a case to an abrupt end. For those considering legal action against a state medical examiner, this case highlights the importance of precise adherence to statutory procedures. If you believe an error in a death determination has harmed your family, it is crucial to consult with an experienced Baltimore medical malpractice attorney to protect your rights.
Facts and Procedural Background
It is alleged that the plaintiff filed a complaint for medical malpractice against the Office of the Chief Medical Examiner, asserting that state-employed physicians acted negligently when they certified her daughter’s 2018 death as a suicide instead of a homicide. The plaintiff sought both monetary damages and an order correcting the death certificate.
It is reported that the defendant moved to dismiss the complaint, arguing that the plaintiff had failed to comply with statutory service requirements. Specifically, under Section 12-108 of the State Government Article, any complaint subject to the Maryland Tort Claims Act must be served on the State Treasurer. Instead, the plaintiff attempted to serve the Chief Medical Examiner directly, and her service did not meet the requirements of Maryland Rule 2-121 because it was not sent via certified mail with restricted delivery. The circuit court granted the motion to dismiss when the plaintiff did not oppose it, and later denied her motion for reconsideration.
It is alleged that on appeal, the plaintiff argued dismissal was improper because it conflicted with Section 5-309(d)(2) of the Health-General Article, which permits persons of interest to request corrections to a death certificate within 180 days of issuance. However, the appellate court noted that her claim was not merely a correction request but a medical malpractice action seeking damages. Moreover, her request to alter the death certificate came years after the 180-day statutory window had closed.
Sovereign Immunity and the Maryland Tort Claims Act
On review, the court began with the principle of sovereign immunity, which shields the State from lawsuits unless immunity has been expressly waived. Under the Maryland Tort Claims Act, the legislature has permitted certain negligence claims against the State, but only if plaintiffs follow strict procedural rules. Those rules include proper service of the complaint on the State Treasurer. The appellate court explained that compliance with the MTCA’s requirements is not optional; it is jurisdictional, and failure to comply requires dismissal.
The plaintiff failed to demonstrate that her service of process satisfied the statute. Because the complaint was subject to the MTCA and sought monetary relief against a state agency, the law required service on the Treasurer, not the Chief Medical Examiner. Her failure to meet this requirement meant that the circuit court lacked authority to proceed. The court also clarified that the Health-General statute regarding corrections to death certificates had no bearing on this case, as it neither extended the MTCA’s deadlines nor excused defective service.
Ultimately, the court affirmed the dismissal of the plaintiff’s complaint for insufficiency of service of process. The court emphasized that plaintiffs bear the burden of showing reversible error and that procedural missteps in serving state agencies are fatal to claims brought under the MTCA. By affirming the lower court’s judgment, the appellate panel reinforced the importance of observing sovereign immunity principles and strictly adhering to statutory service rules.
Confer with a Capable Baltimore Medical Malpractice Attorney
If you believe a medical professional’s actions have harmed your family, the right legal guidance can help you understand whether a viable claim exists. At Arfaa Law Group, our dedicated Baltimore medical malpractice attorneys can assess your case and help you determine the best course of action to proceed. Call our office at (410) 889-1850 or complete our online contact form to schedule a consultation and learn more about your legal rights.