Health & Medical in Maryland
Key Maryland Law
Maryland Courts and Judicial Proceedings Article, Section 5-109
Maryland requires medical malpractice claims to be filed within five years of the injury or three years from when the patient knew or should have known of the injury, whichever is earlier, under Md. Code, Cts. & Jud. Proc. § 5-109.
View official statuteProcedural Details in Maryland
Maryland Agencies & Resources
Maryland Board of Physicians
Licenses and disciplines physicians in Maryland; investigates complaints about physician conduct and patient safety.
Maryland Health Care Alternative Dispute Resolution Office
Administers the mandatory pre-litigation ADR process for medical malpractice claims in Maryland.
Maryland Insurance Administration
Regulates health insurance and handles consumer complaints in Maryland.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Maryland?
Maryland Code § 5-109 provides a five-year period from injury or three years from discovery, whichever is shorter. Before filing a court complaint, claims must first be filed with the Health Care Alternative Dispute Resolution Office (HCADRO) under § 3-2A-04.
What is the HCADRO process in Maryland malpractice cases?
The Maryland Health Care Alternative Dispute Resolution Office (HCADRO) administers a mandatory pre-filing step for malpractice claims. Plaintiffs must file their claim with HCADRO before filing in civil court. Both parties may waive the HCADRO process in writing, which allows the case to proceed directly to court.
What is Maryland's non-economic damage cap in malpractice cases?
Maryland caps non-economic damages (pain, suffering, mental anguish) in medical malpractice at approximately $890,000 in 2024, increasing by $15,000 annually until 2028. Economic damages — medical bills, lost wages — are not subject to this cap and may be recovered in full.
How do I file a complaint against a doctor in Maryland?
Complaints against physicians may be filed with the Maryland Board of Physicians online or by mail at mbp.state.md.us. The Board investigates and may reprimand, suspend, or revoke a physician's license. Board proceedings are separate from the HCADRO process and civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Maryland?
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