Published by Arfaa Law Group
Maryland medical malpractice claims must pass through a specialized pre-suit process before a claimant may pursue them in court. Missing an expert certificate or filing deadline can end a case without a decision on negligent care. This was demonstrated in a recent Maryland appellate decision that illustrated how strictly courts enforce those requirements. If you were injured by incompetent medical care, it is important to act promptly, and you should discuss your potential claims with a Baltimore medical malpractice attorney as soon as possible.
Facts and Procedural History
Allegedly, the plaintiff received emergency-room care on June 3, 2021, and an intravenous line may have been inserted improperly into the plaintiff’s hand. Acting without counsel, the plaintiff filed both a circuit court complaint and a document presenting the same claim to Maryland’s Health Care Alternative Dispute Resolution Office on April 19, 2024. The defendant hospital moved to dismiss the court action because the plaintiff had neither filed a certificate from a qualified expert nor waived arbitration as required by the Health Care Malpractice Claims Act.
Reportedly, the circuit court granted that motion on July 5, 2024. The plaintiff did not appeal but sent a letter requesting that the case remain on hold during a state medical board investigation. The letter lacked a certificate of service, and the court took no action. The administrative office later dismissed the claim because the plaintiff had not supplied the required certificate.
It is alleged that the plaintiff filed a second circuit court complaint against the hospital on December 11, 2024, based on the same treatment. The hospital again sought dismissal, citing noncompliance with the statutory pre-suit process and expiration of the three-year limitations period. Although the plaintiff submitted medical records and other exhibits, the responses did not initially answer those grounds. The plaintiff later argued that the timely first complaint should make the second complaint timely. On October 31, 2025, the circuit court dismissed the second action with prejudice, and the plaintiff appealed.
Procedural Rules in Maryland Medical Malpractice Cases
On appeal, the court considered only the second action because the plaintiff had never appealed the first dismissal. The plaintiff challenged the limitations ruling and contended that the second complaint should relate back to the first filing. The plaintiff did not address the independent failure to satisfy the Health Care Malpractice Claims Act, including the absence of a qualified expert’s certificate.
Maryland law generally requires a claimant to file with the administrative office a certificate in which a qualified expert attests that the provider departed from the applicable standard of care and that the departure proximately caused the injury. This requirement operates as a condition precedent to a circuit court action. The court concluded that the administrative director properly dismissed the underlying claim when the plaintiff failed to provide the certificate. Because that statutory prerequisite remained unsatisfied, the circuit court also properly dismissed the lawsuit.
The court rejected the limitations argument as well. The first lawsuit did not preserve the later action after its dismissal, and the second complaint arrived more than three years after discovery of the claimed injury. Without a proper certificate, the dispute should not have been in circuit court. The court affirmed on both grounds.
Consult a Baltimore Medical Malpractice Attorney at Arfaa Law Group Today
Medical negligence cases involve demanding deadlines and technical filing requirements that can affect a patient’s rights before a court considers the evidence. If you or a loved one suffered harm because of substandard medical care in Baltimore or elsewhere in Maryland, the medical malpractice attorneys at Arfaa Law Group can review the circumstances and explain the available options. Call Arfaa Law Group at (410) 889-1850 or use the firm’s online contact form to request a free, confidential consultation.