How to Sue a Hospital for Negligence in Maryland

When hospitals fail to provide the expected standard of care, patients can suffer severe and even life-altering consequences. If you or a loved one have been injured due to medical negligence, you may be wondering how to sue a hospital in Maryland. Understanding the legal process, requirements, and potential challenges is crucial to building a strong case. 

At SG Legal Group, we handle medical malpractice claims, helping victims hold hospitals accountable for their negligence. This guide will walk you through the steps to file a lawsuit against a hospital in Maryland. 

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What Is Hospital Negligence? 

Hospital negligence occurs when a healthcare facility or its staff fails to meet the standard of care, resulting in injury or harm to a patient. This can include: 

• Medical Errors – Misdiagnosis, delayed diagnosis, surgical mistakes, or medication errors. 

• Inadequate Staffing – Understaffing leading to overworked employees, mistakes, or lack of proper patient care. 

• Poor Facility Management – Unsanitary conditions, faulty equipment, or failure to follow safety protocols. 

• Negligent Hiring or Training – Employing unqualified medical staff or failing to train employees properly. 

To successfully sue a hospital, you must prove negligence by demonstrating that the hospital’s actions (or inaction) directly caused harm. 

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Step 1: Determine Who Is Liable 

Before filing a lawsuit, it is critical to determine who is responsible for your injuries. Liability in a hospital negligence case may involve: 

• Hospital Employees – If a doctor, nurse, or technician employed by the hospital was negligent, the hospital may be held responsible under the doctrine of vicarious liability (respondeat superior). 

• Independent Contractors – Many doctors are independent contractors rather than hospital employees. In these cases, the hospital may not be liable unless it failed to vet the doctor’s qualifications or permitted unsafe practices. 

• Hospital Administration – If the hospital itself engaged in negligent hiring, improper policies, or inadequate safety procedures, it could be held directly accountable. 

An experienced medical malpractice attorney can help identify who should be named in the lawsuit based on the details of your case. 

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Step 2: Obtain Medical Records and Evidence 

To build a strong case, you will need comprehensive evidence proving that the hospital’s negligence caused your injury. Essential documentation includes: 

• Medical Records – These provide a timeline of treatment and any deviations from standard medical protocols. 

• Expert Testimony – Maryland law requires a certificate of a qualified medical expert to confirm that the hospital’s actions violated the standard of care. 

• Witness Statements – Statements from hospital staff, other patients, or family members can support your case. 

• Financial Loss Documentation – Medical bills, lost wages, and other financial impacts resulting from the negligence. 

Gathering and analyzing this evidence is complex, making it crucial to work with a skilled medical malpractice lawyer who understands Maryland’s legal requirements. 

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Step 3: File a Medical Malpractice Claim 

Under Maryland law, hospital negligence claims fall under medical malpractice. Here’s how the process works: 

1. File a Claim with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO)

Maryland requires all medical malpractice claims to be submitted to arbitration through the HCADRO before proceeding to court. However, patients can choose to waive arbitration and proceed directly to a lawsuit.

2. Obtain a Certificate of Merit

Maryland law (Md. Code, Courts & Judicial Proceedings § 3-2A-04) requires plaintiffs to submit a Certificate of Qualified Expert from a licensed medical professional. This certificate must:

• Confirm that the hospital’s actions deviated from the accepted standard of care. 
• Establish that this deviation directly caused harm to the patient.

3. File a Lawsuit in Court

If arbitration is waived, you can file a lawsuit in a Maryland circuit court. The complaint must outline: 

• The hospital’s negligent actions. 

• The harm suffered as a result. 

• The damages being sought (e.g., medical expenses, pain and suffering, lost wages). 

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Step 4: Prove Negligence in Court 

To win your case, you must prove four key elements of negligence: 

1. Duty of Care – The hospital had a legal obligation to provide competent medical care. 
2. Breach of Duty – The hospital failed to meet this standard through negligence or malpractice. 
3. Causation – The hospital’s negligence directly caused the patient’s injury. 
4. Damages – The patient suffered measurable harm (physical, emotional, or financial). 

Your attorney will present expert testimony, medical records, and other evidence to support your claim. 

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Step 5: Seek Compensation for Your Injuries 

If your case is successful, you may be entitled to compensation for: 

• Medical Expenses – Costs of additional treatment, surgeries, rehabilitation, and ongoing care. 

• Lost Wages – Compensation for time missed from work or reduced earning capacity. 

• Pain and Suffering – Compensation for physical pain and emotional distress. 

• Punitive Damages – In extremely rare cases, if the hospital’s actions were especially reckless or egregious and actual malice can be proven. 

Maryland law caps non-economic damages (e.g., pain and suffering) in medical malpractice cases. For 2025, the cap is $905,000, increasing slightly each year. 

Statute of Limitations for Suing a Hospital in Maryland 

Maryland law imposes strict deadlines for filing a hospital negligence lawsuit: 

• Five years from the date of injury, OR 

• Three years from when the injury was discovered, whichever is earlier. 

Failing to file within this statute of limitations will likely result in case dismissal. 

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Why You Need a Maryland Medical Malpractice Attorney 

Suing a hospital for negligence is complex, requiring legal expertise, medical knowledge, and aggressive litigation. At SG Legal Group, we: 

✔ Investigate your case thoroughly.
✔ Work with medical experts to prove negligence.
✔ Handle all legal filings and court procedures.
✔ Fight for maximum compensation on your behalf. 

If you believe you have a hospital negligence case, don’t wait—contact SG Legal Group today for a free consultation. 

📞 Call us now or 📩 fill out our online form to discuss your case. 

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Final Thoughts 

Understanding how to sue a hospital in Maryland is essential if you or a loved one have suffered due to medical negligence. Hospitals must be held accountable when they fail to provide safe and competent care. By working with an experienced medical malpractice attorney, you can pursue the justice and compensation you deserve. 

For expert legal guidance, reach out to SG Legal Group today. Let us help you navigate the legal process and fight for your rights.