Maryland (MD) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Maryland.
Damage Cap
Approximately $890,000 non-economic damages (increases by $15,000 each year; applies per claim regardless of number of defendants)
Statute of Limitations
3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier
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.
Average Settlement
$225,000 - $550,000
Average Verdict
$400,000 - $1,400,000
Key Facts About Maryland Medical Malpractice Law
- 1Maryland's non-economic damages cap increases by $15,000 each year and applies per claim, not per defendant.
- 2A certificate of qualified expert and an expert report must be filed within 90 days of filing the complaint.
- 3Maryland follows a contributory negligence standard — any fault on the plaintiff's part may bar recovery entirely.
- 4Claims must be filed with the Health Claims Alternative Dispute Resolution Office before proceeding to circuit court.
- 5Punitive damages require actual malice or conduct so egregious as to amount to malice.
Need Help with a Maryland Medical Malpractice Case?
If you believe you have a medical malpractice claim in Maryland, it is important to act quickly. The statute of limitations in Maryland is 3 years from the date of the injury, or 5 years from the date of the negligent act, whichever is earlier. Most medical malpractice attorneys offer free initial consultations.