Published by Arfaa Law Group
Patients who suffer injuries because of negligent medical care often assume that filing a lawsuit before the statute of limitations expires is enough to preserve their rights. In Maryland, however, medical malpractice claims are governed by procedural requirements that are just as important as the allegations themselves. Before a case can proceed in circuit court, claimants generally must satisfy the requirements of the Maryland Health Care Malpractice Claims Act, including filing a claim with the Health Care Alternative Dispute Resolution Office and submitting a Certificate of Qualified Expert. A recent decision from a Maryland court demonstrates that failing to comply with these mandatory steps can prevent a claim from moving forward, regardless of the underlying allegations. If you believe you have been harmed by negligent medical care, speaking with an experienced Baltimore medical malpractice attorney early in the process can help protect your rights.
Case Setting
Reportedly, the plaintiff filed a medical malpractice complaint against a hospital in the Circuit Court for Baltimore City, alleging that an intravenous line had been improperly inserted during an emergency room visit several years earlier. At approximately the same time, the plaintiff also filed a claim with the Health Care Alternative Dispute Resolution Office involving the same allegations. The hospital moved to dismiss the circuit court action, arguing that the plaintiff had neither filed the required Certificate of Qualified Expert nor waived arbitration as required by Maryland’s Health Care Malpractice Claims Act. The circuit court agreed and dismissed the complaint.
It is alleged that after the first case was dismissed, the plaintiff filed a second complaint in circuit court asserting essentially the same claims. The hospital again sought dismissal, arguing that the plaintiff had failed to comply with the Health Care Malpractice Claims Act and that the claim was barred by the applicable statute of limitations. Although the plaintiff argued that the second complaint should be considered timely because the first action had been filed within the limitations period, the circuit court dismissed the second complaint with prejudice.
Procedural Requirements in Medical Malpractice Cases
On appeal, the court affirmed the dismissal. The court explained that Maryland law requires medical malpractice claimants to satisfy specific statutory prerequisites before pursuing an action in circuit court. Among the most important of these requirements is filing a Certificate of Qualified Expert with the Health Care Alternative Dispute Resolution Office. The certificate serves an important purpose by requiring a qualified medical expert to attest that the healthcare provider departed from the applicable standard of care and that the departure proximately caused the claimant’s injuries.
The court noted that because the plaintiff never filed the required certificate, the Director of the HCADRO properly dismissed the administrative claim. Without compliance with those statutory requirements, the circuit court properly dismissed the subsequent lawsuit as well.
The plaintiff also argued that the second lawsuit should relate back to the filing of the original complaint for purposes of the statute of limitations. The court was not persuaded. Although it recognized the plaintiff’s position, the court emphasized that the failure to satisfy the procedural requirements of the Health Care Malpractice Claims Act independently supported dismissal.
The court further observed that Maryland precedent recognizes that when a claimant has not properly complied with the HCADRO process, the administrative proceeding, rather than the circuit court action, is the appropriate forum for addressing questions concerning limitations and tolling. Because the plaintiff failed to satisfy the mandatory statutory prerequisites, the circuit court’s judgment was affirmed.
Speak to a Capable Baltimore Medical Malpractice Attorney
If you believe you were injured because of negligent medical care, you should speak to an attorney to learn about your legal rights. The capable Baltimore medical malpractice attorneys of Arfaa Law Group represent patients and families throughout Maryland in complex medical malpractice matters. Our attorneys understand the procedural requirements unique to these cases and are committed to helping clients pursue the compensation they deserve. To schedule a consultation, call Arfaa Law Group at (410) 889-1850 or complete our online contact form today.