Medical malpractice in Maryland
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Maryland fact pattern
Medical malpractice in maryland.
Statute of limitations
3 years
Md. Code, Cts. & Jud. Proc. § 5-109
The lesser of five years from the injury or three years from discovery.
Repose: 5 years.
- Young children have a listed exception in subsection (b). Confirm the age.