Maryland (MD)
Medical Professional Liability Insurance in Maryland
Maryland requires most malpractice claims to first go through the Health Care Alternative Dispute Resolution Office before a lawsuit can be filed in circuit court, and the state caps noneconomic damages on a schedule that rises each year. The Maryland Board of Physicians handles licensure and discipline separately.
Maryland at a glance
- Presuit process
- Filing with the Health Care Alternative Dispute Resolution Office
- Damages-cap posture
- Noneconomic damages capped on an annually increasing statutory schedule
- Presuit requirement
- Certificate of a qualified expert generally due within ninety days of filing
- Licensing board
- Maryland Board of Physicians
Required before a circuit-court suit; either party may waive formal arbitration but not the initial filing.
A higher aggregate limit applies to multi-claimant wrongful-death cases — confirm the current-year figure with counsel.
Attests to a departure from the applicable standard of care.
Disciplines separately from the arbitration process and any court judgment.
Arbitration office is a mandatory first stop
Maryland channels malpractice claims through the Health Care Alternative Dispute Resolution Office before a circuit-court suit can proceed, a step most neighboring states do not require in this form. Either party can waive formal arbitration and proceed straight to court after filing there, but the certificate-of-qualified-expert requirement tied to that filing still applies, and missing it is a common basis for early dismissal.
A noneconomic cap that increases annually
Maryland caps noneconomic damages in a medical negligence case on a statutory schedule that increases by a set amount each year, with a separate, higher aggregate limit for wrongful-death claims involving multiple claimants. Because the cap is indexed rather than fixed, carriers and defense counsel track the current-year figure closely, and it should be confirmed with counsel for the specific date of injury rather than assumed from a prior year's number.
Certificate of a qualified expert required at filing
A claimant must file a certificate of a qualified expert attesting to a departure from the standard of care, generally within ninety days of filing the initial claim with the arbitration office. Baltimore's concentration of major academic medical centers means expert-witness sourcing across specialties is generally available in-state, which is not true in every jurisdiction of similar size.
Licensure runs through the Board of Physicians
The Maryland Board of Physicians investigates complaints and disciplines licensees on a track independent of the arbitration process or any court judgment. A malpractice policy's defense duty is generally confined to the civil claim, so a practice anticipating board scrutiny should confirm whether separate licensure-defense coverage is in place.
Who we write this for in Maryland
Medical malpractice FAQs for Maryland
Medical liability law changes frequently through legislation and court rulings. Confirm current limits, deadlines, and requirements with a licensed agent or counsel before relying on them.
General guidance, not legal advice. Maryland requirements change and apply differently by entity type, class code and contract. Confirm current rules with the Maryland Insurance Administration or talk with a licensed US Professional Insure agent.
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