Baltimore Medical Malpractice Lawyers

In Maryland, you may have a claim when a provider's care fell below the accepted standard and caused serious harm, but expert support and strict deadlines apply.

What to do now:

1. Request your complete chart. Ask for the full record, not a summary.
2. Write down the key dates. Note when care happened and when you learned of the harm.
3. Check your deadline. Adult claims generally must be filed within 3 years of discovery or 5 years of the injury, whichever comes first. Children's and wrongful death claims follow different clocks.

Our firm, founded by Charles Gilman and Briggs Bedigian, won the $182 million birth injury verdict against the University of Pennsylvania (Hagans v. Hospital of the University of Pennsylvania).

Call (800) 529-6162 to talk through what happened. No fee unless we win.

Key Takeaways

• Maryland malpractice claims for adults generally must be filed within 3 years of discovering the injury or 5 years of when it was committed, whichever is earlier. A child's own claim is measured from the 18th birthday, and a wrongful death claim runs 3 years from the death.
• Most serious claims start at Maryland's Health Care Alternative Dispute Resolution Office, and a Certificate of Qualified Expert with a report is due within 90 days of filing, unless lack of informed consent is the only issue.
• Maryland still follows contributory negligence. In malpractice cases, the defense generally reaches a jury only when a patient did not follow, or unreasonably delayed following, a treating provider's instructions.
• Non-economic damages are capped by the year the cause of action arose: $920,000 for 2026. Future care costs and lost earnings fall outside that cap.
• We take all personal injury cases on a contingency fee basis.

What Is at Stake, and What Does Waiting Cost in Maryland?

A medical malpractice claim often decides how a family will pay for years of care that insurance won't fully cover. It can determine whether a parent can stop working to care for a child with a brain injury. It can also decide whether a spouse can keep the house after losing a partner's income. These are long-horizon questions, and the law gives you a limited window to raise them.

Under Md. Code, Cts. & Jud. Proc. § 5-109, a Maryland malpractice claim generally must be filed within the earlier of three years from discovery or five years from when the injury was committed. The five-year period is an outer statute of limitations. Fraudulent concealment by a provider can extend the time under § 5-203, but you can't count on that exception without evidence.

The deadline is only the first constraint. Several others take time:

• Expert review. Maryland requires a qualified expert's certificate and report within 90 days of filing. Finding an expert who meets the statute's qualifications takes weeks, sometimes longer.
• Records requests. Hospitals and offices produce charts on their own schedules. Monitoring strips, audit trails and imaging may need separate requests.
• Changing memories and staff. Nurses change shifts and jobs. Residents finish training and move away.
• Federal providers. If care came from a VA facility or certain federally funded health centers, a separate federal process with its own two-year administrative claim deadline may apply.

Here's what that means for you. Even when the statute of limitations looks distant, the work that has to happen before filing can consume much of it.

If you're unsure which deadline applies to you, call (800) 529-6162. We answer our phone 24/7, and we can walk through the dates with you.

How We Evaluate a Baltimore Medical Malpractice Claim: Six Stages

Every malpractice case raises the same core questions. Did the care fall below the standard? Did that failure cause the harm? What will the defense argue? What did the harm actually cost? We work through those questions in a deliberate order, because each answer shapes the next step.

Our evaluation moves through six stages: fix the deadlines, rebuild the care timeline, test the claim with qualified experts, anticipate the defense, document the full loss, and choose the path to resolution. This sequence describes how we approach a claim. It is not a prediction about any particular case, and whether a claim is viable depends on the records and on independent expert review.

Stage 1: Fix the Deadlines First

We start with the calendar because the earliest deadline controls everything else. Maryland's general rule is the earlier of three years from discovery or five years from the injury. Filing with the Health Care Alternative Dispute Resolution Office counts as filing.

Several situations change the clock:

1. A child's own claim is measured from the child's 18th birthday under § 5-109(b) and Piselli v. 75th Street Medical, 371 Md. 188 (2002).
2. The parents' claim for the child's medical expenses before age 18 is not tolled, according to Garay v. Overholtzer, 332 Md. 339 (1993).
3. A wrongful death claim must be filed within three years of the death under § 3-904, even if the patient's own claim had expired.

Decision point: The earliest applicable date sets how fast record collection and expert review must move. It also shows whether related claims run on different schedules.

What helps: Treatment and discharge dates, anything showing when you learned of the injury, and a birth or death certificate.

Stage 2: Rebuild the Care Timeline

Next, we reconstruct what each provider knew, ordered and did, as precisely as the records allow. That includes nursing notes, monitoring data, test results and handoffs between providers. A delayed diagnosis case often turns on a single result that sat unread, or a call that went unreturned.

We also identify every provider who may be responsible. That includes the entities that employed or credentialed them.

Decision point: Gaps, late entries or conflicting accounts shape which defendants to name, which records to request next and which clinical questions the experts must answer. Altered records can become a serious issue in a case, as we explain in our discussion of how altering medical records affects a Maryland malpractice case.

What helps: Complete hospital and office charts, medication administration records, imaging and lab results, and information about where each provider worked.

Stage 3: Test the Claim With Qualified Experts

Maryland makes expert support a filing requirement, not just a trial requirement. Under § 3-2A-04(b), a claimant must file a Certificate of Qualified Expert, with the expert's report attached, within 90 days of filing, or the claim is dismissed without prejudice.

A Certificate of Qualified Expert is a sworn statement from a qualified health care professional saying the defendant departed from the standard of care and that the departure caused the injury. It is attached to a written report.

The rules around it are detailed:

• An extension of up to 90 days is available in defined circumstances, and one refiling is allowed after a dismissal for expert noncompliance.
• No certificate is needed when lack of informed consent is the only issue.
• The certifying expert may not devote more than 20% of their professional activities each year to personal injury testimony.
• Under § 3-2A-02(c), standard-of-care experts need clinical, consulting or teaching experience in the defendant's specialty or a related field within five years of the alleged malpractice. When the defendant holds board certification, the expert generally needs certification in the same or a related specialty, with exceptions.

Charles Gilman has given lectures, at the request of his peers, on the use of expert witnesses at trial. We work closely with experts in a variety of fields to evaluate our cases.

Key insight: A claim with strong medical merit can still be dismissed if the certifying expert fails a qualification rule. That's why we screen expert qualifications before filing, so the 90-day clock doesn't drive the case. Maryland appellate courts have examined these disputes, as discussed in our coverage of a case where a medical expert may not have been qualified.

Decision point: If qualified experts support both a breach and causation, the claim proceeds against those providers. If they don't, the theory narrows or the case isn't pursued.

Stage 4: See the Case Through the Defense's Eyes

Every defense team will look for a reason the patient should share the blame or a reason something else caused the harm. We try to find those arguments first.

Contributory negligence is a defense that bars a plaintiff from recovering anything if the plaintiff's own negligence contributed to the injury. Maryland kept this rule in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013).

In Maryland malpractice cases, courts have allowed this defense to reach the jury where a patient failed to follow, or unreasonably delayed following, a treating provider's instructions. Negligence that caused the patient's condition before treatment can't be raised against a later treating provider, according to Barbosa v. Osbourne, 237 Md. App. 1 (2018), and Reid v. Baltimore Ambulatory Center for Endoscopy (App. Ct. Md. 2026). Whether the defense can reach a jury on other theories depends on the facts and current case law.

One of our attorneys spent nearly twenty years representing doctors and hospitals in malpractice cases, and another previously represented a Baltimore-area health system. That background informs how we test likely defense theories.

What helps: Discharge and follow-up instructions, patient portal messages, appointment history and records of any pre-existing condition.

Stage 5: Document the Full Loss

Damages in a malpractice case are not a guess. They're built from evidence: bills, care plans, wage records and expert projections.

Maryland caps non-economic damages based on the year the cause of action arose, and an attorney has to determine which year applies. The jury isn't told about the cap. Economic losses such as future care and lost earnings fall outside the cap, but they must be fully proven.

Decision point: The size of the economic losses and the applicable cap year determine how much life-care planning and economic analysis the case needs. They also shape what a realistic settlement looks like.

What helps: Medical bills and payment records, wage and tax records, and any existing care plan from treating providers.

Stage 6: Choose the Path to Resolution

Claims above the District Court's limit begin at the Health Care Alternative Dispute Resolution Office. Either side may waive arbitration no later than 60 days after all defendants file their certificates. The complaint must then be filed in circuit court or U.S. District Court within 60 days of the waiver (Md. Code, Cts. & Jud. Proc. §§ 3-2A-06A, 3-2A-06B, 3-2A-06C).

Once in court, alternative dispute resolution is mandatory unless all parties opt out and the court agrees. Offers of judgment can shift costs, so they need careful evaluation.

We negotiate from a position of preparation, and we're ready to take a case to trial when that's necessary to pursue a just result. Expert strength, the defense's position and the documented damages guide that choice.

If you'd like to understand how these six stages would apply to your situation, call (800) 529-6162. Bring whatever dates and records you have.

What Counts as Medical Malpractice Under Maryland Law?

In Maryland, medical malpractice is care that falls below the standard expected of a reasonably careful provider in the same field and that causes injury. The mistake must cause harm; the underlying illness alone doesn't count. A Maryland claim must also clear the state's screening, expert and deadline rules before it reaches a jury.

The Five Elements of a Claim

A Maryland malpractice claim generally requires proof of five things:

1. A provider-patient relationship. The provider agreed to diagnose or treat you.
2. The standard of care. What a reasonably careful provider would have done.
3. A breach. The care fell short of that standard.
4. Causation. The breach, not the disease or injury you already had, caused harm.
5. Damages. The harm resulted in real losses.

Standard of care — Under Md. Code, Cts. & Jud. Proc. § 3-2A-02(c), the standard of care is that of the same profession, with similar training, in the same or similar communities. A specialist is measured against other specialists in that field, which we explain further in how the standard of care differs for a specialist.

Why a Bad Outcome Isn't Automatically Malpractice

Medicine carries real risk. Surgeries have known complications, and some cancers spread despite excellent care. A bad result, by itself, doesn't prove anyone was negligent.

The real question is narrower: did a specific decision or omission fall below the standard, and did it change the outcome? That's why expert review matters so much. A qualified physician has to compare what happened to what should have happened. Our explanation of failing to exercise the standard of care goes deeper into how that comparison works.

Does an apology from the doctor mean I have a case?

Not necessarily. Providers sometimes express sympathy or regret about a bad outcome without admitting any error. The records and expert review decide the case, not a conversation in a hospital hallway.

Informed Consent Claims

Informed consent means a provider must explain the material risks, benefits and alternatives of a procedure so you can make a meaningful choice. A claim can arise when a provider failed to disclose a risk and that undisclosed risk caused injury. Maryland doesn't require a Certificate of Qualified Expert when lack of informed consent is the only issue in the claim.

Many people assume that signing a consent form ends the conversation. It doesn't always. A signed form that didn't actually cover the risk that occurred may not resolve the question.

Which Medical Errors Lead to Claims in Baltimore?

Malpractice claims arise across almost every area of medicine. The cases that most often support a claim involve a clear, documented decision point, such as a test result that went unaddressed or a warning sign that was charted but not acted on. The type of error shapes which experts are needed and which records matter most.

The scale of the problem is significant. Researchers at Johns Hopkins University (2016) estimated that medical errors are the third leading cause of death in the United States, responsible for an estimated 250,000 deaths annually. The AHRQ publishes patient-safety research on how these errors happen.

Missed and Delayed Diagnosis

A delayed diagnosis claim asks whether an earlier diagnosis would have led to a better outcome. In cancer cases, that often means comparing the stage at which the cancer was found with the stage it likely would have been at if caught sooner.

Common examples include:

• Abnormal imaging that wasn't followed up
• Symptoms that were attributed to a less serious cause without testing
• Lab results that never reached the ordering provider

We handle failure to diagnose cancer claims in Maryland, including breast cancer and lung cancer cases, where the timing of diagnosis is often the central question.

Emergency Room Errors

Emergency departments make fast decisions with limited information. That doesn't excuse missing a stroke, heart attack, sepsis or serious head injury when the signs were there.

Head injuries carry high stakes. According to CDC injury data, traumatic brain injuries contributed to approximately 69,473 deaths (CDC, 2021). When an emergency department sends a patient home without appropriate evaluation, the question is whether the standard of care required more. Our discussion of emergency room errors in Baltimore covers these claims in detail.

Surgical, Anesthesia and Medication Errors

Surgical claims can involve wrong-site procedures, injury to nearby organs or nerves, retained instruments, or failure to recognize a complication after surgery. Anesthesia claims often focus on monitoring and airway management. Medication claims can involve wrong drugs, wrong doses or dangerous interactions.

In one documented case, the Dallatezza case, a Baltimore man was paralyzed after neurosurgery and awarded $4.2 million by a jury.

Birth Injuries

Birth injury is our flagship practice. These claims may involve failure to respond to fetal distress, delayed C-sections or improper use of delivery tools. Injuries can include hypoxic-ischemic encephalopathy, a brain injury caused by restricted oxygen and blood flow, and cerebral palsy.

Birth injury cases often involve two claims: the child's claim and the parents' claim. As explained above, they can run on different deadlines. Learn more about our Baltimore and Maryland birth injury practice.

Hospital and Nursing Negligence

Nurses are often the first to see a patient decline. Claims can arise from missed vital-sign changes, failure to escalate concerns to a physician, falls, pressure injuries or medication administration errors. Nursing documentation is frequently the most detailed record of what happened hour by hour.

Who Can Be Held Responsible for a Medical Mistake?

In Maryland, responsibility for a medical error can extend beyond the individual provider to the hospital or practice that employed, supervised or credentialed that provider. Identifying every potentially responsible party early matters, because a defendant left off the claim may be hard to add later.

Individual Providers

Physicians, nurses, nurse practitioners, midwives, physician assistants and anesthesia providers can all be responsible for their own care. In teaching hospitals, residents and fellows work under attending physicians, and both may be part of the analysis.

Hospitals and Health Systems

A hospital may be responsible in several ways:

• Employment. A hospital is generally responsible for negligence by its employees acting within their jobs.
• Agency. In some situations, a hospital may be responsible for a provider who appeared to be acting on its behalf.
• Its own negligence. Problems with staffing, credentialing, policies or equipment can create direct responsibility.

Our explanation of who is legally at fault in Maryland malpractice cases walks through these theories. We also break down claims by provider type.

Federal Providers and the Federal Tort Claims Act

But there's a catch. If care came from a federal facility, such as a VA medical center, a different process may apply. Federally funded community health centers whose staff are deemed federal employees under 42 U.S.C. § 233 are also covered.

These claims go through the Federal Tort Claims Act, which requires a written administrative claim to the agency within two years under 28 U.S.C. § 2401(b) before any lawsuit can be filed under 28 U.S.C. § 2675(a). Many patients don't know their neighborhood clinic may be federally deemed. We check this early, because it changes both the deadline and the forum.

How Much Is a Maryland Medical Malpractice Case Worth?

The value of a Maryland malpractice case depends on the documented economic losses, the severity and permanence of the injury, and the non-economic damages cap tied to the year the cause of action arose. No honest lawyer can give you a number before reviewing the records and consulting experts. What we can do is explain how value is built.

Economic and Non-Economic Damages

Economic damages are losses with a dollar figure attached, such as medical bills, future care and lost wages. Non-economic damages compensate for harms that don't come with a receipt, such as pain, emotional suffering and loss of enjoyment of life.

How Maryland's Damages Cap Works

Under Md. Code, Cts. & Jud. Proc. § 3-2A-09, the cap started at $650,000 for 2005 through 2008 and rises $15,000 each January 1, reaching $920,000 for 2026. The cap applies per medical injury, across all personal injury and wrongful death claims, claimants and defendants. The jury isn't told about it, and the court applies it after the verdict.

Which year applies is a legal question for your attorney, based on when the cause of action arose.

Most people miss this part. Because non-economic damages are capped, the economic side of a serious case often carries most of the value. That's why careful work on future care and lost earning capacity matters so much. Under § 11-109(b), verdicts are itemized, so each category has to stand on its own evidence.

Wrongful Death and Survival Claims

When a patient dies, Maryland law allows two related claims:

• Wrongful death. Under § 3-904, one action per death compensates the family's losses. The spouse, parents and children are the primary beneficiaries. If none of them survive, relatives by blood or marriage who were substantially dependent on the deceased may file.
• Survival action. A survival action is the deceased person's own claim, brought by the personal representative of the estate. It covers losses the patient suffered before death, plus funeral expenses within the allowance.

The survival action's deadline generally follows the deceased person's own malpractice deadline. That's another reason to review the dates promptly after a loss.

Liens and Reimbursement

Health insurers, Medicare and Medicaid may have the right to be repaid from a recovery for treatment they covered. These claims need to be identified and addressed before any settlement is finalized. For more detail, see our explanation of damages in Maryland malpractice cases.

Statute of Limitations: How Long Do You Have to File in Baltimore, Maryland?

A Maryland medical malpractice claim generally must be filed within the earlier of three years from when the injury was discovered or five years from when it was committed, under Md. Code, Cts. & Jud. Proc. § 5-109(a). The main exceptions involve children, wrongful death and fraudulent concealment. Filing with the Health Care Alternative Dispute Resolution Office counts as filing.

When Does the Three-Year Clock Start?

The three-year period runs from discovery, which isn't always the date of treatment. It may be the date you learned, or reasonably should have learned, that you were injured. The five-year period runs from when the injury was committed, regardless of discovery.

Key insight: The five-year limit is a statute of limitations, as the Supreme Court of Maryland held in Anderson v. United States, 427 Md. 99 (2012). Whichever period ends first controls, so an injury discovered late may leave much less than three years.

Special Rules for Children

Tolling means pausing a deadline. A child's own malpractice claim is tolled until age 18, and the three-year and five-year periods begin then. Calculating the exact outside date is fact-specific, so families shouldn't rely on a rough estimate.

The parents' separate claim for medical expenses before 18 doesn't wait. That claim can expire while the child's claim is still open, which is why birth injury families benefit from early review.

Fraudulent Concealment

Fraudulent concealment occurs when a defendant hides the facts that would reveal a claim. Under § 5-203, it can extend the filing period. Proving it requires evidence of concealment, not just a suspicion that something was withheld.

For a focused discussion of these rules, see how long you have to bring a malpractice claim in Maryland.

Proven Results: What Have Our Malpractice Trial Lawyers Recovered?

Gilman & Bedigian has recovered over $800 million for clients, and our verdicts include the largest medical malpractice verdict in Pennsylvania history and the second-largest in Maryland history. These results reflect past cases with their own facts. They don't predict the outcome of any future case.

Additional Maryland verdicts include $3,500,000 in Gomez v. University of Maryland Medical System and $3,000,000 in Uriah Evans, et al. v. University of Maryland Medical System Corporation.

The Partners Behind These Results

Charles Gilman is managing partner and co-founder of the firm. He was named a Super Lawyer from 2015 to 2022 and a Super Lawyers Rising Star from 2009 to 2014. He was selected for The National Trial Lawyers Top 40 Under 40 and is a member of the Maryland Association for Justice President's Club. He is admitted to practice in Maryland state and federal courts, as well as in Pennsylvania, New York and the District of Columbia.

His practice reaches across serious injury cases. He has been part of recovering in excess of $200,000,000 for injured clients through jury verdicts and settlements, including the Hagans, Anderson, Lewis and Dallatezza results.

He co-founded Gilman & Bedigian with H. Briggs Bedigian in October of 2012. Briggs has tried more than 70 cases to verdict, including the $55 million Martinez verdict, the second-largest medical malpractice verdict in Maryland history.

Our attorneys have been featured on or in The Daily Record, FOX45 Baltimore, WJZ, The Wall Street Journal, The Legal Intelligencer and other outlets. More background is on our About page.

Filing in Baltimore City and Baltimore County Courts

For most serious Maryland malpractice claims, the case starts at the Health Care Alternative Dispute Resolution Office, not in a courthouse. In most cases a party then waives arbitration, and the complaint moves to a circuit court or to the U.S. District Court for the District of Maryland.

HCADRO, the Health Care Alternative Dispute Resolution Office, is the state office where Maryland malpractice claims above the District Court's limit must first be filed under § 3-2A-02(a). The claim may not state a dollar amount beyond saying it exceeds that limit.

Where a Baltimore Case May Be Heard

After waiver, a Baltimore-area case may proceed in:

• The Circuit Court for Baltimore City, in downtown Baltimore
• The Circuit Court for Baltimore County, in Towson
• The U.S. District Court for the District of Maryland, which sits in Baltimore, when federal jurisdiction exists

Which court hears a particular case depends on the parties, where the care happened and other legal factors. Your filing documents and court notices will show where your case is assigned. Each court sets its own scheduling, and in court, ADR is mandatory unless all parties opt out and the court agrees.

Hospitals and Care Settings Across the Region

Baltimore is home to some of the country's best-known medical institutions. Patients receive care at The Johns Hopkins Hospital, the University of Maryland Medical Center, Mercy Medical Center, Sinai Hospital and MedStar Union Memorial Hospital in the city. In Towson, Greater Baltimore Medical Center and University of Maryland St. Joseph Medical Center serve Baltimore County.

These are respected institutions, and most care there is excellent. A claim isn't about a hospital's reputation. It's about whether specific care in a specific case fell below the standard. Our verdicts against several regional hospitals show that reputation doesn't settle that question either way.

Many readers are still being treated within the same health system. You can request your records and talk with a lawyer without ending that care. Patients have a federal right to copies of their records under 45 C.F.R. § 164.524.

Serving Clients From Timonium

Our headquarters is at 1954 Greenspring Drive in Timonium, along the I-83 corridor north of the city. Clients come to us from across Baltimore City and Baltimore County, from neighborhoods off I-695 and from communities along I-95. We provide medical malpractice representation throughout Maryland.

Neighboring counties have their own circuit courts, and the same Maryland malpractice rules apply statewide. You can read more about medical malpractice in Baltimore, Maryland, Baltimore County malpractice claims, Harford County and Howard County, or browse Maryland malpractice information by county.

Care received in Washington, D.C., or Pennsylvania may be governed by those jurisdictions' own rules, which differ from Maryland's.

The Contingency Fee Model: What Does a Baltimore Malpractice Lawyer Cost?

We take all personal injury cases on a contingency fee basis, which means our attorney's fee comes from a recovery, and you owe no fee if we don't recover. In Maryland, attorney's fees on claims filed through HCADRO also need panel or court approval under Md. Code, Cts. & Jud. Proc. § 3-2A-07(b).

Fees Versus Case Expenses

Malpractice cases carry real costs separate from attorney's fees. Expert reviews, records, depositions and life-care planning all cost money. Ask us how expenses are handled in your case, and we'll explain it before you sign anything.

The real question isn't whether you can afford a lawyer. It's whether the case can be built properly before the deadline.

What to Expect When You Reach Out

We answer our phone 24/7. When you call, we'll ask what happened, when it happened and who provided the care. If your case calls for a closer look, the next step is gathering records.

It helps to have:

1. Names of the hospitals, practices and providers involved
2. Treatment, discharge and diagnosis dates
3. Any records, test results or patient portal messages you already have
4. A birth or death certificate, if relevant
5. Insurance statements or bills tied to the injury

We'll explain the medical and legal issues we see and whether further investigation makes sense. If we take your case, we gather records, consult appropriate experts, identify responsible parties and document the full impact of the injury.

The information on this page is general information and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Consult an attorney about your specific situation.

Talk With a Baltimore Malpractice Team Before Your Deadline Runs

Maryland's deadline for most adult claims is the earlier of 3 years from discovery or 5 years from the injury, and expert certification adds its own 90-day requirement after filing. Records, expert review and defendant identification all take time inside that window.

Call Gilman & Bedigian at (800) 529-6162 to discuss what happened, the dates involved and your options. We represent patients and families in Baltimore, Baltimore County, Timonium and throughout Maryland.

Frequently Asked Questions

How do I know if I have a medical malpractice case?

In Maryland, you may have a case if a provider's care fell below the standard expected in that field and that failure caused real harm. A bad outcome alone isn't enough, so the answer depends on your records and a qualified expert's review. Maryland requires a Certificate of Qualified Expert within 90 days of filing in most claims. That's why an early review of your chart is the most reliable way to find out.

How long do I have to file a medical malpractice lawsuit in Maryland?

Under Md. Code, Cts. & Jud. Proc. § 5-109, adult claims generally must be filed within the earlier of three years from discovery or five years from when the injury was committed. A child's own claim is measured from the 18th birthday, while the parents' claim for the child's medical expenses before 18 isn't paused. Wrongful death claims must be filed within three years of the death under § 3-904. Fraudulent concealment can extend the time in some cases.

How much does it cost to hire a medical malpractice attorney?

We take all personal injury cases on a contingency fee basis, so our fee comes from a recovery rather than from your pocket upfront. If we don't recover for you, you don't owe an attorney's fee. In Maryland, attorney's fees on HCADRO claims require panel or court approval. Case expenses are separate, and we'll explain how they're handled before you sign.

What is my medical malpractice case worth?

Value depends on your economic losses, such as medical bills, future care and lost earnings, plus non-economic damages for pain and suffering. Maryland caps non-economic damages by the year the cause of action arose, at $920,000 for 2026 under § 3-2A-09. Economic damages aren't subject to that cap but must be proven with evidence. No one can responsibly give you a figure before reviewing records and consulting experts.

What if I was partly at fault for my injury?

Maryland follows contributory negligence, which can bar recovery entirely if a plaintiff's own negligence contributed to the injury. In malpractice cases, courts have allowed the defense where a patient didn't follow, or unreasonably delayed following, a treating provider's instructions. Negligence that caused your condition before treatment can't be used against a later treating provider. Whether the defense applies depends on your specific facts.

Should I accept a settlement offer from the hospital or its insurer?

Before considering any offer, you need to know your full losses, including future care, lost earning capacity and any liens from health insurers, Medicare or Medicaid. A settlement generally ends your claim permanently, so an offer made before those costs are understood can leave a family short. Maryland also has offer-of-judgment rules that can shift costs once a case is in court. Have an attorney review any offer before you respond.

How long does a medical malpractice case take?

Timing depends on how quickly records arrive, how long expert review takes, whether arbitration is waived and the court's schedule. Maryland's process has built-in steps, including the 90-day expert certificate and the 60-day windows for waiving arbitration and then filing in court. Cases with complex injuries often need life-care planning and economic analysis before resolution. We'll explain the factors driving your case's timeline as it moves forward.

Do I really need a lawyer for a medical malpractice claim?

Maryland's malpractice process is technical. It requires filing with HCADRO, a qualified expert's certificate and report within 90 days, and strict compliance with expert qualification rules. A claim filed without a properly qualified expert can be dismissed. Most families find these requirements difficult to manage alone while also coping with an injury or loss.

Will my medical malpractice case go to trial?

Many cases resolve before trial, but some don't, and you can't know in advance which path yours will take. In Maryland court, alternative dispute resolution is mandatory unless all parties opt out and the court agrees. We prepare every case as if it may be tried, which supports negotiation. The final decision about settlement belongs to you.

What if the provider who hurt me works at a VA hospital or community clinic?

Claims against federal facilities, and against certain federally funded health centers whose staff are deemed federal employees under 42 U.S.C. § 233, go through the Federal Tort Claims Act. That law requires a written administrative claim to the agency within two years under 28 U.S.C. § 2401(b) before a lawsuit can be filed. Many patients don't realize their clinic may be covered. It's worth checking early because the deadline and process differ from Maryland's.

How do I pay for treatment while my case is pending?

Most clients continue using health insurance, Medicare, Medicaid or other coverage for ongoing treatment. Those payers may have a right to be reimbursed from any recovery, so their claims must be identified before settlement. Keep copies of bills and explanation-of-benefits statements. They also help document your economic losses.

Can our family file a claim if a loved one died after medical care?

Yes, Maryland allows a wrongful death action under § 3-904, filed within three years of the death, even if the patient's own claim had expired. The spouse, parents and children are the primary beneficiaries; if none survive, substantially dependent relatives by blood or marriage may file. The estate's personal representative can also bring a survival action for the patient's own losses. Both claims still go through HCADRO.

Can I keep seeing my doctors while I look into a claim?

Yes. Requesting your records and speaking with a lawyer doesn't require you to change providers. You have a federal right to copies of your medical records under 45 C.F.R. § 164.524, and you should ask for the complete chart rather than a summary. Your health comes first.