Proving that a certain act is legally negligent in a Maryland medical malpractice claim hinges on the testimony of an expert witness. This is because many medical decisions are difficult for nonmedical professionals to evaluate, and expert testimony helps the jurors understand the potentially complex issues involved in a case. In fact, lawmakers have determined that expert testimony is required to successfully bring a medical malpractice claim.
Under the Maryland Health Care Malpractice Act, a plaintiff has to file a Certificate of Qualified Expert within 90 days of the filling of the claim. A plaintiff has to prove that a health care professional failed to meet the standards of practice among members of the same health care profession with similar training and experience. The Certificate of Qualified Expert is an attestation from a qualified health care provider . . . that the care provided was “not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities” at the time of the acts in question. A court can review a certificate and determine whether it meets the requirements under the statute.
The expert health care provider must have had qualified experience in the defendant’s specialty, related health care field, or in the field that the defendant provided care or treatment within 5 years of the acts in question. Maryland also has a law that an expert may not devote more than 20 percent of the expert’s professional time to activities that involve providing testimony in personal injury claims. The following example shows the importance of understanding the standards required of health care providers to weigh a provider’s choices.