WHAT IS A CERTIFICATE OF MERIT IN A MARYLAND BIRTH INJURY CLAIM?

If you and your attorney plan on filing a birth injury claim on the basis of medical malpractice, you need to present a certificate of merit to the courts before the case can proceed. This is a document signed by a medical expert, indicating that he or she has reviewed the case and agrees that malpractice has occurred, which injured the patient. You must file this certificate, along with the expert’s report, within 90 days of filing the complaint.

Who can be an Expert for a Certificate of Merit?

Maryland has guidelines on who qualifies as an expert in a medical malpractice case, which include that the medical doctor must:

• Have clinical experience in the same or similar field as the defendant health care provider
• Have provided consultation relating to that clinical practice; and/or
• Taught in that particular area of medicine (i.e., labor and delivery) within the past five years

In a birth injury claim, this will be an obstetrician-gynecologist (OB/GYN) with experience delivering babies, who can attest to the standards of care and the ways in which the defendant failed to meet them. Additionally, the expert must not devote more than 20% of his or her professional activities to testifying in medical malpractice or other personal injury claims.

What is Included in the Certificate of Merit?

The certificate of merit should be more than a general statement saying that the defendant breached his or her duties as a doctor. It needs to have a specific opinion about the particular actions of the defendant, how he or she deviated from the expected standard of care, and that the patient experienced tangible injury as a result of this breach of professional duty.

The certificate also needs to briefly outline the expert’s credentials and state that the doctor spends no more than least 20% of their professional life in medical-legal cases. It also needs to be clear that the expert reviewed all relevant medical records.

Obtaining a Certificate of Merit with the help of a Maryland Medical Malpractice Lawyer

Before pursuing a birth injury claim, you will need legal representation from a highly qualified Maryland medical malpractice attorney. It would be nearly impossible to attempt this complicated process without seasoned legal assistance.

Schochor, Federico and Staton, P.A. has been in business since 1984. Over the years, we have developed relationships with medical experts and the general medical community, so we know how to select the appropriate experts for your case. Our lawyers can effectively create a certificate of merit so our clients do not have to worry. To learn more about how we help, call our firm at 410-234-1000.

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