Medical Malpractice Expert Reports

Medical_0003The Maryland Court of Appeals affirmed the dismissal of a medical malpractice lawsuit against a doctor for procedural reasons in a 4-3 opinion issued last Thursday.  Filed in Anne Arundel County, this wrongful death malpractice claim alleged that a dermatologist failed to perform a timely biopsy of a mole that later proved to be melanoma and caused a man’s death.

The Maryland Injury Lawyer Blog writes: The highlights of the case are of importance to every medical malpractice lawyer in Maryland:

  • A certificate of merit must include an expert report. Period. But then I think arguably the court left the door a little ajar as to whether the certificate itself can meet the requirements of the report. The court writes that there is no evidence as to how the doctor breached the standard of care, noting that “the certificate does not otherwise meet this requirement….” If it had, would that have made a difference? I’m not sure. The take home lesson for Maryland malpractice lawyers: never be the lawyer who finds out the answer to this question.

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About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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