What is Required to Prove a Medical Malpractice Case in Maryland?

     To prove a medical malpractice case in Maryland, the victim's medical malpractice lawyer must prove that it is more probable than not that the medication or treatment caused injury. In other words, the plaintiff must prove that there was more than a 50% likelihood that the injury was caused by medical malpractice. For example, in a case involving medical negligence for a misdiagnosis, if there was less than a 50% chance that an earlier misdiagnosis caused the injury, this is not medical malpractice in Maryland. This "loss of chance" doctrine also applies to medical malpractice cases in Maryland in which the claimed malpractice lessened the effectiveness of treatment or increased the risk of an unfavorable outcome to the malpractice victim.
     This may strike you as unfair. If a wrongful death occurring from medical malpractice results in the victim not discovering a condition and there is a 49% chance the victim would have survived but for the delayed diagnois, you would think that justice mandates compensation. How much would the victim have paid to have that 49% chance back? The answer would be absolutely every penny the malpractice victim has. But Maryland law does not, regrettably, permit recovery of damages based on a possibility of less than 50.1%. Specifically, the Maryland Court of Appeals has consistantly held that a medical doctor serving as an expert witness must base his or her opinion on "reasonable probability or reasonable certainty" and not on "mere possibilities."

See Medical Malpractice in Maryland (overview of medical malpractice in maryland)
See Maryland Medical Malpractice Lawyer Blog (blog regarding malpractice issues)
See New Maryland Case on Loss of Chance of Survival (Anne County OB/GYN case)
See Nursing Home Neglect or Abuse in Maryland (details on nuring home cases)
See Medical Malpractice Frequently Asked Questions (FAQ's for malpractice victims)
See Sample Attorney Deposition of Medical Malpractice Doctor (defendant's deposition)
See Sample Attorney Deposition of Defendant Doctor's Medical Expert (defendant's expert)
See Informed Consent in Maryland (what is required for an informed consent case in Maryland)
See Requirements for Certificate of Merit in Maryland Malpractice Cases
See Sample Medical Malpractice Complaint (example Maryland med mal complaint)

See Sample Certificate of Merit (required to file a medical malpractice case in Maryland and many other jurisdictions)