Maryland Injuries

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Glossary

standard of care

What the insurance company does not want you to know is that this phrase is not a shield for every bad medical outcome. Defense lawyers often use standard of care to make an injured patient feel like medicine is too complicated to challenge, or that a doctor is protected any time a procedure carries risk. That is not the rule.

What it really means is the level of care, skill, and judgment that a reasonably competent health care provider in the same field would use under similar circumstances. In a Maryland medical malpractice case, the question is not whether the provider was perfect. The question is whether the provider acted the way a competent doctor, nurse, hospital, or specialist should have acted at that moment.

This matters because a claim usually rises or falls on whether the patient can prove the provider breached that standard and caused harm. That often requires an expert witness to explain what should have happened and how the mistake led to injury, worsening illness, delay in treatment, or death.

In Maryland, these cases have extra hurdles. Most claims start with the Health Care Alternative Dispute Resolution Office, and the injured person generally must file a certificate of qualified expert within 90 days. Maryland also has a strict filing deadline: usually the earlier of 5 years from the injury or 3 years from when the injury was discovered, with limited exceptions.

by DeAndre Jackson on 2026-03-22

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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