What Is A Certificate Of Merit?
Filing a Maryland medical malpractice claim can be complex. The legal process is designed to ensure only valid cases are brought to court, so a certificate of merit is a requirement. This document, mandated by Maryland law, helps to screen out frivolous lawsuits by requiring a qualified medical professional to affirm that the standard of care was breached.
For patients who have suffered due to medical negligence, understanding each step of the process is key. A qualified Baltimore personal injury lawyer can ensure your case meets all legal requirements, setting you up to seek justice for your injuries.
Purpose of a Certificate of Merit
A legal document that must be filed early in a medical malpractice case, a certificate of merit is a sworn statement from a qualified medical expert who has reviewed the case and agrees that there is a reasonable basis to believe that medical negligence occurred. This certificate is designed to ensure that only cases with merit move forward, reducing the burden on the courts and preventing doctors from facing baseless lawsuits.
Under Maryland law, a certificate of merit must be accompanied by a written report from a medical expert who has experience in the same field of medicine as the healthcare provider being sued. The expert must state that they have reviewed the case, examined the facts, and concluded that the healthcare professional failed to meet the accepted standard of care, resulting in harm to the patient.
These merit documents serve several purposes.
- Validating claims. The process ensures that the claims made by a patient have been reviewed and supported by a medical professional who understands the relevant standard of care.
- Deterring frivolous lawsuits. By requiring an expert’s opinion, Maryland aims to reduce the number of baseless lawsuits brought against healthcare providers. This helps protect medical professionals from defending themselves in meritless cases and preserves court resources for legitimate claims.
- Providing a legal framework. The certificate helps establish the foundation of the case, outlining how the standard of care was breached and setting the stage for further legal proceedings.
Securing the right medical expert is vital to the success of the case. A reputable attorney who has helped past clients in circumstances similar to your own can connect you with qualified medical professionals who are able to provide the necessary testimony and documentation.
Working with an Attorney Ensures Timeliness
The state of Maryland requires the certificate of merit to be filed within 90 days of the initial complaint. A Baltimore personal injury lawyer helps ensure that all deadlines are met, preventing the case from being dismissed due to a procedural error. They can also use their legal expertise to craft and submit the certificate in a way that adheres to Maryland’s legal requirements, increasing the likelihood that the case moves forward.
Why are you investigating the ins and outs of medical malpractice claims? Have an attorney review your case. If there are clear indicators that you have been a victim of negligence, the legal team at Iamele & Iamele, LLP can build a robust case on your behalf. Contact us to book a confidential consultation.
