Surgical Errors in Maryland
Average Settlement: $500,000 - $1,500,000 | Statute: 3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
About Surgical Errors
Surgical errors occur when a surgeon or surgical team makes a preventable mistake during an operation, resulting in harm to the patient. These errors range from wrong-site surgery to leaving instruments inside the body, and they can lead to permanent disability, additional surgeries, or death. Surgical malpractice cases often involve clear deviations from accepted medical standards that can be demonstrated through operative reports and expert testimony.
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 Surgical Errors
- •Wrong-site or wrong-patient surgery
- •Surgical instruments or sponges left inside the patient
- •Damage to surrounding organs, nerves, or blood vessels during surgery
- •Performing an unnecessary surgical procedure
- •Inadequate post-operative monitoring leading to complications
- •Failure to obtain proper informed consent before surgery
- •Errors during minimally invasive or robotic surgery due to insufficient training
Key Facts
- ✓Operating room records, including time-stamped logs and surgical checklists, are critical evidence in proving surgical error claims
- ✓Wrong-site surgeries are considered 'never events' — incidents so clearly preventable they should never occur — which strengthens the plaintiff's case considerably
- ✓Expert surgical testimony is almost always required to establish what the accepted standard of care was and how it was breached
- ✓Many surgical error cases involve multiple defendants, including the surgeon, anesthesiologist, surgical nurses, and the hospital itself
- ✓The discovery of retained surgical instruments may not occur until weeks or months after the procedure, but statutes of limitations typically begin at the time of discovery
- ✓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 Surgical Error in Maryland?
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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.