In Maryland medical malpractice lawsuits, the plaintiff must follow certain procedures that are not required of other personal injury plaintiffs. Primarily, this consists of filing a compliant certificate of merit.
Under Maryland Code section 3-2C-01, the certificate of merit must contain a statement from an expert who is “knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom a claim is filed.” The affidavit must contain a statement that the defendant doctor’s care was a departure from the applicable standard of care and that the defendant’s breach of this duty was the cause of the plaintiff’s injuries.
The objective of the certificate of merit requirement is to ensure that only meritorious claims are filed and pursued. However, occasionally, the requirement can get in the way of even meritorious claims. As a recent opinion illustrates, a simple misstep by a plaintiff can result in the dismissal of their lawsuit.