Hospital Infections in Maryland
Average Settlement: $250,000 - $700,000 | Statute: 3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Maryland Medical Malpractice Laws
Statute of Limitations
3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
Damage Cap
Approximately $890,000 non-economic damages (increases by $15,000 each year; applies per claim regardless of number of defendants)
Discovery Rule
Maryland applies the discovery rule, beginning the statute when the patient discovers or should have discovered the injury, subject to the 5-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a certificate of qualified expert and an expert report within 90 days of filing the complaint.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Maryland's non-economic damages cap increases by $15,000 each year and applies per claim, not per defendant.
- ✓A certificate of qualified expert and an expert report must be filed within 90 days of filing the complaint.
- ✓Maryland follows a contributory negligence standard — any fault on the plaintiff's part may bar recovery entirely.
- ✓Claims must be filed with the Health Claims Alternative Dispute Resolution Office before proceeding to circuit court.
- ✓Punitive damages require actual malice or conduct so egregious as to amount to malice.
Victim of Hospital Infection in Maryland?
Get a free case evaluation. Most medical malpractice attorneys work on contingency.
Calculate Your Settlement →Hospital Infections in Other States
Other Malpractice Types in Maryland
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Maryland.