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Do you need a medical expert report when filing a lawsuit, in Maryland?

Baltimore, MD |

Is it the law that you need one when filing lawsuit?

Attorney Answers 2

Posted

When filing a medical malpractice lawsuit, you need a Certificate of Qualified Expert to substantiate your claims. See Maryland Courts and Judicial Proceedings Article 3-2A-04.

Practically speaking, however, in medical malpractice litigation you need to have an expert stand up and opine within a reasonable degree of medical certainty that a doctor breached the standard of care. In many cases, without an expert, you won't be able to prove malpractice.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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Posted

You need to have the suit certified by an expert saying that there was a breach in the standard of care, commonly referred to as a COM or certificate of merrit. The case will go through health claims and likely waive out into Circuit Court. In actuality you will need many experts to opine on standard of care, damages and financial aspects of the case as well as future care and expenses. If you would like more information please do not hesitate to follow-up.

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The response herein is for informational purposes only is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. I am a lawyer licensed in the State of Maryland only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.

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