Best Professional Malpractice Lawyers in Maryland

About Professional Malpractice Law in Maryland, United States

Professional malpractice occurs when a licensed professional, such as a doctor, lawyer, accountant, or architect, fails to perform their duties to the accepted standard of care, resulting in harm or damages to their client or patient. In Maryland, professional malpractice is most commonly associated with medical and legal fields, but it can apply to any occupation that requires a license and adherence to professional standards. State laws govern how such cases are handled, including specific procedures for litigation and requirements that must be met to bring a successful claim.

Why You May Need a Lawyer

If you believe you have suffered harm due to a professional's actions or lack of action, you may need legal help to determine whether professional malpractice has occurred. Common situations that may require a lawyer include:

• You experienced injuries or financial loss after a professional made a serious error in judgment.
• Your medical treatment did not meet accepted standards and led to complications or lasting harm.
• A lawyer handling your case missed important deadlines or failed to file necessary paperwork, resulting in a negative outcome.
• You suspect an accountant provided incorrect tax advice that led to penalties from the IRS or Maryland tax authorities.
• An architect’s negligence resulted in structural defects or code violations in a building project.

Legal claims for professional malpractice are often complex and require a thorough understanding of both Maryland law and the specific professional standards in question. An experienced attorney can help you evaluate your situation, obtain expert opinions, and advocate for your rights.

Local Laws Overview

Maryland law sets forth particular requirements for bringing a professional malpractice claim. Some key aspects include:

• Statute of Limitations - In most cases, you have three years from the date you discovered (or should have discovered) the malpractice to file a lawsuit. For medical malpractice, the absolute deadline is five years from the date the injury occurred.
• Certificate of Qualified Expert - For medical malpractice claims, Maryland law requires plaintiffs to file a certificate from a qualified expert within 90 days of filing a claim, stating that the defendant’s actions fell below accepted standards of care.
• Maryland Health Care Alternative Dispute Resolution Office - Medical malpractice claims must first be filed with this office before proceeding to court, unless both parties agree to waive this step.
• Contributory Negligence - Maryland follows this doctrine, meaning that if you are found to be even partially at fault, you may be barred from recovering damages.
• Non-Medical Professions - Claims against other professionals, such as lawyers or accountants, have different procedural requirements but still require proof that the professional’s actions were not in line with accepted practices, directly causing damage.

Frequently Asked Questions

What is considered professional malpractice in Maryland?

Professional malpractice in Maryland occurs when a licensed professional fails to meet the standard of care expected in their field, causing harm or loss to a client or patient. The standard is typically based on what a reasonably competent professional would have done in similar circumstances.

How do I know if I have a malpractice case?

You may have a case if you can show that the professional owed you a duty of care, breached that duty through their actions or inactions, and that this breach directly caused your injury or financial loss.

What is the time limit for filing a malpractice lawsuit in Maryland?

Generally, you must file within three years of discovering the injury, but no more than five years from the date of the alleged malpractice. Cases involving minors or incapacitated individuals may have special rules.

Do I need expert testimony for my case?

Yes, in most professional malpractice cases, especially medical malpractice, you will need expert testimony to establish the standard of care and show that it was breached.

Can I recover damages if I was partially at fault?

Maryland follows contributory negligence rules, which means if you are found even slightly at fault, you may not be able to recover any damages.

What steps are involved in a medical malpractice claim?

You must file a claim with the Maryland Health Care Alternative Dispute Resolution Office, provide a certificate of qualified expert, and possibly undergo mediation before a case can be filed in court.

What compensation can I receive in a successful malpractice lawsuit?

Compensation may include economic damages such as medical bills or lost wages, and in some cases, non-economic damages like pain and suffering. Maryland law caps non-economic damages in medical malpractice cases.

Are there special requirements for suing a lawyer or accountant?

Yes, while there is no pre-suit certificate required for legal or accounting malpractice, you must still prove that the professional’s actions fell below the standard of care and directly caused your losses.

How long do professional malpractice cases usually take?

Cases vary widely but can take several months to several years depending on complexity, the need for expert witnesses, and whether the case goes to trial or settles out of court.

Can I handle a malpractice claim without an attorney?

While it is legally possible, professional malpractice cases are complex and generally require legal expertise to successfully navigate procedural rules and obtain expert testimony.

Additional Resources

• Maryland State Bar Association - Offers lawyer referrals and legal information.
• Maryland Health Care Alternative Dispute Resolution Office - Handles medical malpractice claims before court involvement.
• Maryland Department of Health - Provides information on healthcare practitioner standards and complaints.
• Maryland Courts - Supplies forms and information about the litigation process.
• Maryland Attorney Grievance Commission - Handles complaints about attorneys for legal malpractice.
• Professional Licensing Boards (such as the Maryland Board of Physicians or State Board of Public Accountancy) - Investigates complaints against specific professions.

Next Steps

If you believe you are the victim of professional malpractice in Maryland:

• Gather all relevant documentation and correspondence with the professional involved.
• Note the timeline of events and any evidence related to your damages or injuries.
• Consult with a qualified attorney who practices professional malpractice law in Maryland to assess your case and guide you through the legal process.
• Be mindful of the statute of limitations and act promptly, as delays can impact your ability to pursue a claim.
• Follow your attorney’s advice regarding expert witnesses and procedural requirements, particularly for medical malpractice claims involving state-mandated steps before filing in court.

Taking early and informed action is the best way to protect your rights and improve your chances of a successful resolution to your professional malpractice claim in Maryland.