Maryland Medical Malpractice Laws

If the claimant was under age 11 at the time of the injury, the statute does not begin to run until the child reaches age 11.

When a foreign object is left in the body, the discovery rule controls and the 5-year repose may be relaxed.

Medical malpractice has a separate, lower non-economic damage cap than general PI. The cap is $920,000 for 2026, increasing by $15,000 each January 1. For wrongful death with 2+ beneficiaries, the cap is approximately 125% (~$1,150,000). No cap on economic damages.

Any medical malpractice claim seeking more than $30,000 must first be filed with the Health Care Alternative Dispute Resolution Office (HCADRO). The claim goes to arbitration before proceeding to court. Either party may reject the panel's decision within 30 days and proceed to trial, but arbitration is a mandatory prerequisite.

A certificate from a qualified expert must be filed with the claim, attesting that the defendant's care departed from accepted standards and that the departure was a proximate cause of injury. Failure to file may result in dismissal, though courts may grant extensions for good cause.

The contributory negligence doctrine fully applies to medical malpractice cases. Any patient negligence contributing to the injury (failure to follow treatment plans, non-disclosure of symptoms) can completely bar recovery — a significantly higher bar than the comparative fault used in most states.