Who Is Liable for Medical Malpractice in Maryland?
When medical malpractice occurs, it shatters the trust patients place in healthcare providers, often leading to severe physical, emotional, and financial consequences. Determining who is liable for medical malpractice in Maryland is a critical step toward securing justice and compensation. At Brown & Barron, LLC, our Baltimore-based attorneys, with over $175 million recovered, including a landmark $35 million medical malpractice verdict, specialize in holding negligent parties accountable. Leveraging our in-house nurse paralegal and 137+ years of combined trial experience, we uncover the truth behind medical errors. This guide explores liable parties, Maryland’s legal framework, and how our firm fights for victims of negligence.
Understanding Medical Malpractice Liability in Maryland
Medical malpractice occurs when a healthcare provider’s failure to meet the standard of care causes harm, such as through misdiagnosis, surgical errors, or medication mistakes. In Maryland, liability can extend to various parties, including doctors, hospitals, and other professionals, depending on the circumstances. Identifying the responsible party requires a thorough investigation, often involving medical records and expert testimony. Our team at Brown & Barron, with a nurse paralegal, Heather Frame, RN, BSN, excels at pinpointing negligence to build strong claims.
Maryland’s Definition of a Healthcare Provider
Under Md. Cts. & Jud. Proc. Code § 3-2A-01, a “healthcare provider” liable for medical malpractice in Maryland includes:
- Hospitals and related institutions
- Hospice care facilities
- Assisted living centers
- Medical day care centers
- Freestanding ambulatory care centers
- Physicians (medical doctors)
- Dentists, optometrists, osteopaths, chiropractors, podiatrists
- Licensed or registered practical nurses
- Psychologists, physical therapists, and clinical social workers
If any of these providers or facilities caused harm through negligence, you may have a valid medical malpractice claim. For example, our firm secured an $8.3 million settlement for a missed bowel perforation caused by a surgeon’s error, demonstrating our ability to hold providers accountable.
Who Can Be Held Liable for Medical Malpractice?
Liability in medical malpractice cases depends on who breached the standard of care. Below are the primary parties that may be responsible, with Maryland-specific insights and examples.
Doctors and Physicians
Physicians are often the primary liable party when their actions or inactions cause harm. Common examples of negligence include:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose conditions like cancer or diabetes, leading to worsened outcomes.
- Surgical Errors: Performing the wrong procedure or leaving instruments inside a patient.
- Medication Errors: Prescribing incorrect drugs or dosages.
- Failure to Refer: Not referring a patient to a specialist when needed.
Hospitals and Medical Facilities
Hospitals can be liable for systemic failures or negligence by their staff. Common issues include:
- Understaffing: Insufficient personnel leading to inadequate patient monitoring, as seen in our $8.5 million nursing home negligence settlement.
- Communication Errors: Mismanaged patient records causing wrong treatments.
- Inadequate Training: Hiring unqualified staff or failing to ensure proper training.
Hospitals in Maryland, particularly in Baltimore’s busy medical hubs, face scrutiny for systemic issues. Our firm’s $35 million verdict involved a hospital’s failure to maintain proper surgical protocols, showcasing our expertise in holding institutions accountable.
Other Medical Professionals
Beyond doctors and hospitals, other professionals may be liable, including:
- Nurses: Failing to monitor patients or administer medications correctly.
- Anesthesiologists: Administering incorrect anesthesia doses or ignoring allergies, potentially leading to anesthesia awareness settlement amounts averaging $200,000–$500,000.
- Obstetricians: Negligence during pregnancy or delivery, such as in birth injury cases.
- Pharmacists: Dispensing incorrect medications or dosages.
Our in-house nurse paralegal, Heather Frame, RN, BSN, helps identify errors by these professionals, strengthening the claims.
Vicarious Liability
Hospitals or practices may be held vicariously liable for their employees’ actions under respondeat superior. For example, if a nurse’s error occurs under hospital employment, the hospital may share liability. However, independent contractors (e.g., some physicians) complicate liability, requiring careful legal analysis. Our 137+ years of trial experience ensures we navigate these complexities effectively.
Maryland’s Legal Framework for Medical Malpractice Liability
Maryland’s laws shape how liability is determined and pursued:
- Statute of Limitations: Per Md. Cts. & Jud. Proc. Code § 5-109, you have five years from the injury date or three years from discovery, whichever is earlier. Exceptions apply for minors or mentally incompetent individuals. Delaying can jeopardize your claim, so contact our team promptly.
- Certificate of Qualified Expert: Maryland requires a medical expert to certify that the provider’s care fell below the standard, a process we manage seamlessly.
- Arbitration Requirement: Claims must first be filed with the Maryland Healthcare Alternative Dispute Resolution Office unless waived, with a 60-day window to file a lawsuit post-waiver.
Our attorneys, including Brian S. Brown, who has argued 12 Maryland Court of Appeals cases, ensure compliance with these requirements to maximize your claim’s success.
What Constitutes Medical Negligence in Maryland?
Medical negligence occurs when a healthcare provider’s conduct falls below the standard of care—the level of care a reasonably competent professional with similar training would provide. Examples include:
- Misdiagnosis: A doctor ignoring classic symptoms, like weight loss and thirst for diabetes, as in our $5.7 million case.
- Surgical Errors: Performing the wrong procedure, contributing to our $35 million verdict.
- Failure to Act: Not ordering necessary tests or referrals, leading to harm.
Why Choose Brown & Barron for Your Medical Malpractice Claim?
At Brown & Barron, our Baltimore-based team stands out due to:
- Proven Results: Over $175 million recovered, including a $35 million verdict and an $8.5 million nursing home settlement.
- Trial Expertise: 137+ years of combined experience, with Brian S. Brown having tried 100+ tort cases.
- Medical Insight: Our in-house nurse paralegal, Heather Frame, RN, BSN, uncovers errors other firms might miss.
- Recognized Excellence: Named to Best Law Firms 2025, with attorneys like Leah K. Barron (Harvard Law).
- Client Focus: 150+ five-star reviews praise our dedication.
Client Testimonial: "I would recommend Brown & Barron to anyone who needs a lawyer for a medical malpractice case." – D.D.
How Brown & Barron Identifies Liable Parties
Our process to determine who is liable for medical malpractice includes:
- Investigation: We review medical records, consult experts, and leverage our nurse paralegal’s insights.
- Evidence Building: We gather testimony and documentation to prove negligence.
- Negotiation or Trial: Our trial-ready attorneys negotiate with insurers or litigate, as seen in our $35 million verdict.
- No Upfront Costs: We work on a contingency fee basis, so you pay nothing unless we win.
Contact Brown & Barron for a Free Consultation
If you’ve been harmed by medical negligence, our Baltimore medical malpractice attorneys are here to identify who is liable for medical malpractice and fight for your compensation. With over $175 million recovered, call us 24/7 at (410) 698-1717 or contact us online for a free case evaluation.
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