You went to the doctor for help and left feeling worse. Maybe the surgeon operated on the wrong body part. Or the pharmacist gave you someone else's prescription. Perhaps the doctor missed a serious diagnosis despite clear symptoms.

Medical mistakes happen every day. But not all of them qualify as medical malpractice under Maryland law. When does an error cross the legal line? The Maryland medical malpractice attorneys at Meyers, Rodbell & Rosenbaum explain what state law says—and why contacting a lawyer is so important.

What Is the Legal Definition of Medical Malpractice in Maryland?Medical Malpractice Attorney in Maryland

For a medical mistake to be considered malpractice in Maryland, it must meet four specific legal criteria:

  • Duty of care. A doctor-patient relationship existed, creating a duty of care.

  • Breach of duty. The medical professional breached their duty by failing to uphold the accepted standard of care.

  • Causation. This breach of duty directly caused your injury or illness.

  • Damages. You suffered real harm that resulted in economic or non-economic damages.

In other words, medical negligence becomes malpractice when a healthcare provider's unreasonable actions directly injure a patient and cause quantifiable damages. The injury must stem from the negligence, not an underlying condition.

Examples of Medical Negligence

Medical negligence can take many forms, from surgical mistakes to diagnostic oversights:

  • Medication errors. Prescribing the wrong drug, incorrect dosage, failing to check for interactions, or neglecting to monitor for adverse reactions.

  • Misdiagnosis. Missing clear signs of a condition, not ordering appropriate diagnostic tests, or failing to refer a patient to a specialist.

  • Delayed treatment. Unreasonable delays in diagnosis or treatment that allow an illness to progress unchecked.

  • Surgical mistakes. Operating on the wrong body part, performing the incorrect procedure, or leaving instruments inside a patient.

  • Anesthesia errors. Administering too much or too little anesthesia, using defective equipment, or failing to monitor a patient's vitals during surgery.

  • Birth injuries. Causing oxygen deprivation, misusing forceps or vacuums, applying excessive force, or failing to perform an emergency C-section when needed.

  • Premature discharge. Sending a patient home too soon after surgery or not providing adequate post-op instructions and follow-up care.

If this negligence violates accepted medical standards and results in real, measurable harm to the patient, it likely constitutes medical malpractice. Expert testimony from medical professionals is typically necessary to establish that a violation occurred. If the patient died as a result of medical malpractice, you may have a valid wrongful death claim.

When Is a Medical Mistake Not Considered Malpractice?

Some medical errors, while frustrating, do not rise to the level of malpractice:

  • Reasonable judgment calls. Doctors can select from multiple acceptable treatment options. Choosing a less effective approach is not always negligence if other physicians would find it reasonable.

  • Known complications. Every procedure has inherent risks, and negative outcomes don't automatically prove malpractice if the doctor properly explained those risks in advance and you gave informed consent.

  • Dissatisfaction with results. You may not like your surgical scars, the side effects of a properly prescribed drug, or the limitations of current medical treatments, but that dissatisfaction alone doesn't equal malpractice.

The key question is whether the doctor acted reasonably and in line with the profession's accepted standards. If so, you likely don't have a malpractice case—even if you suffered harm. A bad outcome alone does not create liability if the medical care itself was appropriate.

Why You Need to Speak With a Maryland Medical Malpractice Attorney

Medical malpractice cases are highly complicated. Maryland law sets strict requirements for proving negligence, causation, and damages. Winning requires strong evidence, expert testimony, and persuasive arguments.

Even if you suspect malpractice, you need an experienced attorney to assess whether your situation meets the legal criteria. A knowledgeable lawyer will:

  • Thoroughly review your medical records with qualified physicians to identify all instances of negligence

  • Evaluate the strength of your duty, breach, causation, and damages arguments to build a compelling case

  • Calculate the full value of your economic damages, like medical bills and lost wages, as well as non-economic damages, like pain and suffering

  • Gather critical evidence through medical record requests, depositions, interrogatories, and other discovery tools

  • Aggressively negotiate with the insurance companies to demand maximum compensation for all your losses

  • Pursue a full financial recovery at trial if the other side refuses to make a fair settlement offer

You have a limited time to file a medical malpractice claim in Maryland. In most cases, you only have five years from the date of the injury or three years from when you discovered the harm. If you wait too long to seek legal advice, you could lose your right to recover anything.

Maryland also requires specific certifications, expert reports, and notices before you can even file a malpractice lawsuit. An attorney can ensure you meet every requirement and deadline to protect your claim.

If you believe a doctor's negligence seriously injured you or a loved one, the dedicated medical malpractice attorneys at Meyers, Rodbell & Rosenbaum are here to provide the answers, advice, and advocacy you deserve.