How to Obtain a Certificate of a Qualified Expert for Your Maryland Medical Malpractice Case

Maryland requires you to obtain a certificate of a qualified expert and file it with the court after filing a medical malpractice lawsuit. This is one of the reasons why it helps to have a trusted attorney working with you.

The Baltimore medical malpractice attorneys at the Law Offices of Peter T. Nicholl Law are available to assist you in securing a certificate of qualified expert and fighting for the compensation you deserve. Request a free, no obligation consultation today.

Purpose of a Certificate of Qualified Expert

Maryland courts require a certificate of qualified expert to be filed to prevent frivolous medical malpractice cases. Frivolous cases that lack merit are expensive to take to trial and eat up the court’s time.

In Maryland, a plaintiff must file a certificate of a qualified expert in court and serve all parties with a copy within 90 days of filing a medical malpractice lawsuit. A certificate of a qualified expert contains a statement from an expert that states he or she reviewed the case and that the licensed health care provider did not meet the acceptable standards of professional care when treating the plaintiff. A certificate is not required if the defendant does not dispute liability in the matter.

Maryland courts consider a qualified expert to be a medical professional who is board-certified in the area of medicine relevant to the case. For example, if your case is against a neurosurgeon, a licensed neurosurgeon in Maryland or another state would typically be considered a qualified expert. You could also select as your qualified expert someone who taught the relevant specialty of medicine within five years of the date of the alleged malpractice.

A qualified expert who completes the certificate or testifies as an expert in medical malpractice cases may not devote more than 20 percent of his or her professional activities towards doing so. The court will not accept the certificate if the expert devotes more than 20 percent of his or her professional activities to testifying in personal injury claims.

What if I Need More Evidence?

If you need more time to file a certificate of a qualified expert, you may be granted an extension of the 90-day deadline if you can show there is good cause.

In Maryland, plaintiffs must file medical malpractice cases within the state’s statute of limitations. In most cases, the medical malpractice claim must be filed within five years from the date the injury occurred, or within three years from the date the injury was discovered, whichever date comes first.

If patients are not at least 11 years old when the alleged medical malpractice occurs, the statute of limitations does not begin until the patient turns 11 years old. If the patient was not yet 16 and the malpractice caused harm to the reproductive system or resulted from a foreign object (such as a tool being left in the body during surgery), the statute of limitations starts when the patient turns 16.

If the patient was diagnosed with a mental impairment at the time of injury or was not yet 18, the statute of limitations usually runs out within three years from the date the disability ends or the patient’s 18th birthday.

Frequently Asked Questions About Certificates of Qualified Expert in Maryland Medical Malpractice Cases

What is a Certificate of Qualified Expert in a Maryland medical malpractice case?

A Certificate of Qualified Expert is a legal document required in Maryland medical malpractice claims. It is completed by a qualified medical expert who states that the healthcare provider likely violated the accepted standard of care and caused the patient’s injury. Without it, many malpractice claims cannot move forward.

Why is a Certificate of Qualified Expert required in Maryland?

Maryland requires a Certificate of Qualified Expert to help screen medical malpractice claims before they proceed through litigation. The certificate is intended to confirm that a licensed medical expert believes negligence occurred and that the negligence caused harm. This requirement applies to many medical malpractice lawsuits filed in the state.

Who can sign a Certificate of Qualified Expert?

A Certificate of Qualified Expert must generally be signed by a healthcare provider with sufficient clinical experience and expertise related to the medical issues involved in the case. The expert must meet Maryland legal requirements regarding specialty, qualifications, and professional background. The Law Offices of Peter T. Nicholl can evaluate whether an expert satisfies those standards.

What happens if a Certificate of Qualified Expert is not filed on time?

Failing to file the certificate within the required deadline can result in dismissal of the medical malpractice claim. Courts strictly enforce filing requirements in many cases. The legal issue is not only whether malpractice occurred, but whether the procedural requirements were properly followed before the lawsuit advanced.

Does a Certificate of Qualified Expert prove medical malpractice?

No. A Certificate of Qualified Expert does not automatically prove medical malpractice, but it is an important step in establishing that the claim has medical and legal support. The certificate helps show that a qualified expert believes the provider breached the standard of care and caused injury to the patient.

What information is reviewed before a Certificate of Qualified Expert is prepared?

Medical records, imaging studies, lab results, surgical reports, physician notes, treatment timelines, and other relevant evidence are commonly reviewed before preparing the certificate. The Law Offices of Peter T. Nicholl can coordinate expert review to determine whether the records support allegations of negligence and causation.

Can a medical malpractice case proceed without expert medical review?

In many Maryland malpractice cases, expert medical review is essential because complex medical issues must be evaluated by a qualified professional. The standard of care, causation, and extent of injury often require expert analysis. Without expert support, proving negligence in court can be significantly more difficult.

When should someone contact a lawyer about obtaining a Certificate of Qualified Expert?

You should contact a lawyer as soon as you suspect medical negligence caused serious injury or death. Early review helps preserve records, identify potential experts, and avoid missing important filing deadlines. The Law Offices of Peter T. Nicholl can assess whether the case may require a Certificate of Qualified Expert under Maryland law.

Have Some Questions? We Can Help

For help with your medical malpractice claim, contact the Maryland medical malpractice lawyers at The Law Offices of Peter T. Nicholl. Our qualified attorneys will help you obtain a certificate of a qualified expert as well as other evidence essential to supporting your claim.

Request a free, no-obligation consultation and learn what legal options may be available to help you recover compensation for your injuries. We require no upfront fees and payment is only due if we recover compensation on your behalf.

Call 410-244-7005 or fill out our Free Case Evaluation form now.

Related Resources

• Expert Testimony in Maryland Medical Malpractice Cases
• Medical Malpractice Arbitration in Maryland
• Understanding the Standard of Care in Malpractice Claims