Expert Requirements

After we review your medical records and see the potential for medical malpractice, then the next step is to examine the Maryland medical malpractice expert requirements and get support for the case from medical doctors who will serve as experts. In general, one or more medical doctors must testify as the defendant breached the standard of care and was the proximate cause of injury. Unless the sole issue is informed consent, at least one of the experts must sign a Certificate of Qualified Expert. CJP 3-2A-02, 04. However, Maryland has specific medical malpractice expert requirements for the expert who can provide this testimony.

Requirements for Doctor Expert Witnesses

The following are the requirements for medical expert witnesses in Maryland medical malpractice cases. Note that most are on the expert who provides breach of standard testimony. Many do not apply to an expert who only opines as to proximate cause or injury. Additionally, we have added numbers to the descriptions for a couple of reasons. First, they highlight the many different requirements, including each requirement’s sub-components. Second, they show when a requirement can be satisfied by meeting one of several options.

CQE

The following medical malpractice expert requirements apply to the CQE:

3-2A-02 Maryland Medical Malpractice Expert Requirements

  • The expert must specifically say that the care given by the defendant was 1) not in accordance with the standards of practice, 2) among members of the same health care profession, 3) with similar training and experience, and 4) situated in the same or similar communities at the time of the malpractice. CJ 3-2A-02(c)(1).
  • The expert shall have had 1A) clinical experience, 1B) provided consultation relating to clinical practice, OR 1Ci) taught medicine in the defendant’s specialty or ii) a related field of heath care in which the defendant provided care to the plaintiff, 2) within 5 years of the alleged act or omission. CJ 3-2A-02(c)(2)(ii)(1)(A)
  • If the defendant is board certified in a specialty, the expert signing the CQE 1A) shall be board certified in the same or 1B) a related specialty CJ 3-2A-02(c)(2)(ii)(1)(B), UNLESS
    • 1)the defendant was providing care unrelated to the area of board certification CJ 3-2A-02(c)(ii)(2)(A), OR
    • 2) the expert taught medicine in the defendant’s specialty or a related health care field. CJ 3-2A-02(c)(2)(ii)(2)(B).

3-2A-04 Maryland Medical Malpractice Expert Requirements

  • The standard of care expert may not devote more than 1) 25% 2) of their professional activities, 3) to activities that directly involve testimony in personal injury claims, 4) during the 12 months immediately before the date the claim was first filed. CJ 3-2A-04(b)(4)(i)-(ii).
  • An expert must say that the departure from the standard of care is the proximate cause of the injury. CJ 3-2A-04(b)(1)(i)(1).

The Maryland courts have interpreted many of the components of these medical malpractice expert requirements. For more information, read our blog posts on the Teaching Experience provision, and on the requirement of expert testimony for causation.

Proximate Cause

Maryland medical malpractice expert requirements do not always require a medical expert to prove the proximate cause of an injury. Vroom v. Arundel Gas Co., 262 Md. 657, 664 (1971). For example, the plaintiff does not have to put on expert testimony “where the causal connection is clearly apparent from the illness itself and the circumstances surrounding it, or where the cause of the injury relates to matters of common experience, knowledge, or observation of laymen.” Wilhelm v. State Traffic Safety Comm’n, 230 Md. 91, 99 (1962). For example, the plaintiff does not need a medical expert “where a dentist extracts the wrong tooth, a doctor amputates the wrong arm or leaves a sponge in a patient’s body.” Schultz v. Bank of America, N.A., 413 Md. 15, 29 (2010).

However, medical expert testimony on causation is required if “an injury claimed to have resulted from a negligent act is a complicated medical question involving fact finding which properly falls within the province of medical experts.” Wilhelm, 230 Md. at 100. Therefore, when you call the Kopec Law Firm, we will analyze the Maryland medical malpractice expert requirements to determine whether we must get expert support for the proximate cause issue in your case.

Conclusion

We are available now at the Kopec Law Firm to speak with you about your specific case. We will analyze the medical malpractice expert requirements for your Maryland case. When you contact us, you will speak directly with Attorney Mark Kopec. he is a top-rate Maryland medical malpractice lawyer. He will use his 30+ years of legal experience and 100% focus on medical malpractice to give you personal advice. Call 800-604-0704 for your free consultation.

Next Step

Review the Additional Resources for your Maryland medical malpractice case.

What Our Clients Say About Us

At the Kopec Law Firm, we are grateful that satisfied clients express their appreciation!

Mark is a knowledgeable and empathetic lawyer who speaks directly and concisely to evaluate your problem. He doesn't use attorney jargon that confuses people, rather he talks clearly. Although he couldn't help me with my situation, the consultation I had was productive because he answered my questions and gave me some clarity.

Shahnaz in Ellicott City

Dear Mark, I just wanted to express my gratitude for your dedication to my case. As you know, it has been a long and upsetting process for me, which would have been a great deal longer had it not been for the hours you put in helping me with this emotional roller coaster. Thank you again.

Shannon T. in Anne Arundel County

Dear Mark, thank you so much for your help and kindness. You provided the guidance and assistance we needed to obtain some understanding in loss of our child. We will never forget the professional and personal service provided. If anyone is in need of legal representation, I will certainly send them your way. God bless.

Kim C. in Cecil County

I wanted to say thank you for spending time with me regarding my questions about legal issues. Mere words cannot really express my gratitude. You seem to truly care about people.

Client in Baltimore City

Dear Mr. Mark, I’m truly grateful to have had you work on my son’s case. You were up front at all times and were on key every step of the way. I will always recommend your firm. Thank you so much for helping my son. P.S. Every time my son sees you on TV, he says “Mom, that’s my lawyer, Mr. Mark.” 🙂 Thank you again. You did an excellent job on the...

K.N. in Baltimore City

Dear Mark, we want to thank you for all the hard work and time your firm put in our case. You took the time to listen to us and research our case. You were honest and up front regarding the case. You responded to questions and concerns quickly. We would highly recommend your firm and services to anyone who is in need of legal representation. We...

Rebecca T. in Prince George’s County

Super Awesome team and staff! Worked with them for a case they handled for my grandchild about 10yrs ago! Would definitely use them again! I recommend them to everyone I know. Could never thank them enough! Very thorough and knowledgeable! Always kept us in the loop throughout the entire process!!!!

Letha C. in Prince George’s County

Mark explained everything in detail and brought clarity to all of my concerns.

Doris in Edgwater

I am very happy and thankful for your help. You responded very quickly. I am very happy to recommend you.

Linda in Chevy Chase
  1. 1 Free Consultation
  2. 2 Talk to a Lawyer
  3. 3 No Fee Unless You Win
Fill out the contact form or call us at 800-604-0704 to schedule your consultation.

Send Us a Message