Most personal injury cases involve concepts that the average juror can grasp. For example, when two vehicles are involved in a Maryland car accident, a jury is normally capable of listening to the testimony from each party, weighing the evidence, and coming to a conclusion on their own.
Medical malpractice cases, however, often present complex scientific concepts that are beyond the common understanding of most jurors. Because of this, Maryland medical malpractice cases require expert testimony to establish that the defendant doctor’s conduct fell below the generally accepted standard of care. In Maryland, this requirement is embodied in the form of a mandatory pre-suit expert affidavit.
Not all cases that arise in the medical context, however, are considered medical malpractice cases that are subject to the additional requirements. A recent appellate opinion involved a plaintiff’s slip-and-fall claim against a doctor. In that case, the court determined that the plaintiff’s case was not a medical malpractice case.