Maryland has particular rules that parties who wish to pursue medical malpractice claims must follow. Specifically, they must produce a certificate of a qualified expert asserting that the defendant breached the standard of care and that said breach proximately caused their harm. If the plaintiff fails to meet this requirement, or their expert’s certificate is deemed inadequate, their claims may be dismissed, as demonstrated by a recent ruling issued in a Maryland medical malpractice case. If you suffered losses because of inadequate medical care, it is wise to talk to a Maryland medical malpractice attorney at your earliest convenience.
It is alleged that in March 2018, the plaintiff sought medical help due to chest pain and pressure. Despite initial assurances from emergency medical personnel, the plaintiff asserted that there was a delay in cardiac intervention at the defendant hospital, causing damage to his heart. After filing the HCADRO claim, the plaintiff waived arbitration and, in January 2022, submitted a Certificate of Qualified Expert and a report prepared by the plaintiff’s expert, challenging the sufficiency of the defendant doctor’s actions. By April 2022, HCADRO issued an order to transfer the case.
It is reported that following these proceedings, the plaintiff, still representing himself, filed a complaint in the circuit court on June 24, 2022, against the defendant doctor and defendant hospital. Both defendants filed motions to dismiss, asserting, among other things, that the plaintiff’s expert’s Certificate of Qualified Expert, claiming it did not establish a breach of the standard of care or causation. Despite the plaintiff’s subsequent motion for an extension of time to respond, the court granted both of the defendants’ motions to dismiss and the plaintiff appealed.
Certificates of Qualified Experts in Maryland Medical Malpractice Cases
In his appeal, the plaintiff contested the denial of his motion for an extension, asserting that delayed delivery of motions by mail left him with insufficient time to respond. However, the court found that the plaintiff failed to challenge the appellees’ assertions on the statute of limitations or the plaintiff’s expert’s qualifications, emphasizing that it is not the court’s role to speculate or argue on behalf of the appellant.
The court ultimately affirmed the circuit court’s decisions, stating that even if an error occurred, the plaintiff did not demonstrate it was prejudicial, and thus, reversal was not warranted.
Speak to a Skilled Maryland Attorney
People aggrieved by inadequate medical care are often able to recoup some of their losses via medical malpractice claims. In pursuing such claims, though, they must comply with the procedural rules and requirements; otherwise, their cases may be dismissed shortly after they are filed. If you were hurt by the negligence of your physician, it is in your best interest to speak to an attorney. The skilled Baltimore medical malpractice lawyers at Arfaa Law Group can assess the circumstances surrounding your harm and advise you of what measures you can take to protect your interests. To schedule a consultation, you can contact us through our online form or by calling (410) 889-1850.