Maryland Courts Rule on Qualified Expert Certificate Questions
One of the threshold requirements for filing a medical malpractice lawsuit is that a “Certificate of Qualified Expert” must be filed with Maryland Health Care Alternative Dispute Resolution Office (HCADRO), an administrative agency that promotes arbitration of medical claims. The certificate must state that the injury was caused by a departure from the standard of care and that this departure caused the alleged injury. The certificate must be filed within 90 days after the filing of the complaint.
The lawsuit will be dismissed if the certificate is not filed on time, unless an extension has been granted. Extensions are granted by the HCADRO director only under a showing of “good cause.”
Maryland’s federal trial court and the state’s Court of Special Appeals recently issued two rulings dealing with different questions on certificates.