Personal Injury
When someone is seriously harmed by medical negligence, their first question is often, “Can I sue the hospital if my doctor made a mistake?”
In Maryland, the answer depends on who actually departed from the accepted standard of care and how that care was delivered. Many patients assume that if an injury happened inside a hospital, the hospital itself must be legally responsible — but that’s not always true.
Hospitals in Maryland can be held liable under certain circumstances, especially if the negligent healthcare professional is an employee or agent of the hospital. But if the doctor was an independent contractor — as many are — the hospital may not be directly liable unless there is evidence of ostensible agency (meaning the patient reasonably believed the doctor was a hospital employee) or negligent credentialing (where the hospital failed to properly screen or supervise a provider).
In my practice at SG Legal Group, I often meet clients who believe they have strong malpractice claims because a doctor or nurse made a clear mistake. However, after reviewing the medical records, it sometimes becomes clear that there were no actual damages — a legal requirement for any malpractice case. Maryland law requires proof that the negligence caused measurable harm, such as physical injury, emotional trauma, additional medical expenses, or loss of earning capacity. Without provable damages, even clear errors may not qualify as a viable claim.
Before any medical malpractice lawsuit can proceed in Maryland, the plaintiff must file what’s called a Certificate of Qualified Expert (CQE). This document, required by Maryland Courts and Judicial Proceedings § 3-2A-04, must be filed within 90 days after a claim is filed with the Health Care Alternative Dispute Resolution Office (HCADRO).
The purpose of the certificate is to ensure that a qualified medical expert has reviewed the case and believes that one or more healthcare professionals departed from the accepted standards of medical care, and that this departure caused the patient’s injury.
However, this step is where many malpractice claims are derailed.
One of the most frequent mistakes I see plaintiffs make is filing the certificate against the hospital only — without identifying the actual doctors, nurses, or specialists who allegedly caused the harm.
Maryland law requires the certificate to specifically name each individual medical professional who departed from the standard of care. Naming only the facility is not enough. If the certificate fails to do this, the entire case can be dismissed — even if the negligence seems obvious.
At SG Legal Group, I personally review every medical record to make sure that all responsible parties are included before the certificate is filed. This step is critical. A well-prepared certificate can mean the difference between a dismissed claim and a successful resolution.
Maryland law also places strict requirements on who qualifies as an expert witness.
An expert must:
These rules were designed to prevent “career experts” from testifying outside their expertise, but they can also make legitimate cases harder to prove. For example, if your case involves both a surgeon and a hospitalist, two different experts may be needed — one for each specialty. The law also bars an expert from testifying against another healthcare provider if they earn more than 25% of their income from testifying in malpractice cases.
These qualification rules are one reason medical malpractice litigation in Maryland remains one of the most complex areas of civil law. I ensure that every expert retained by SG Legal Group is both credible and compliant with the statutory requirements before filing.
While Maryland hasn’t recently overhauled the entire malpractice statute, courts continue to tighten their interpretation of certificate requirements. Judges increasingly demand precise compliance — including ensuring that the certificate clearly attributes negligence to identifiable individuals.
Even minor oversights can be fatal. Courts have dismissed cases where:
For injured patients, this means that technical errors can overshadow the substance of their claims. That’s why having a firm familiar with Maryland’s procedural hurdles is essential. At SG Legal Group, we approach each case with a clear checklist: we gather all medical records, identify every potential defendant, consult with qualified experts, and ensure the certificate and report satisfy every requirement of Maryland law.
In recent years, I’ve noticed an increase in claims involving inadequate staffing in nursing homes and hospital units. Staffing shortages can lead to preventable harm — bedsores, dehydration, falls, and medication errors. These systemic issues often form the basis of both medical malpractice and corporate negligence claims.
Even in these cases, the certificate of qualified expert remains mandatory. The expert must be able to testify that the staffing levels, supervision, or policies fell below the accepted standard of care and directly caused the injury. Without that testimony, the case cannot move forward in Maryland’s courts.
My team and I approach every potential medical malpractice claim methodically:
This careful, step-by-step approach minimizes risk of dismissal and maximizes the client’s chance of recovery.
If you believe a medical provider made a mistake in Maryland — whether in a hospital, clinic, or nursing home — it’s important to act quickly:
Medical malpractice cases in Maryland are complex not because the medicine is complicated — but because the procedural rules are unforgiving.
The Certificate of Qualified Expert and expert witness requirements are meant to filter out weak claims, but they often trip up even legitimate ones. By ensuring full compliance from the start, I help my clients avoid costly procedural mistakes and focus on obtaining justice for the harm they’ve suffered.
If you or a loved one believe you were injured due to medical negligence, contact me at SG Legal Group. My team and I will review your case, consult with qualified experts, and help you understand your options. Call 410-618-1277 or visit our Contact Page to schedule a consultation.
Disclaimer: This article provides general information and is not legal advice. For advice about your specific situation, please contact me directly.
Joshua C. Sussex, Esq.
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