Last week, the Maryland Cout of Special Appeals issued its opinion in Hinebaugh v. Garrett County Memorial Hospital. This case is a cautionary tale for medical malpractice lawyers and other Maryland lawyers who think they can handle malpractice cases.
Maryland, like many states, creates a lot of hoops that plaintiffs need to jump through in order to bring medical malpractice case. A lot of these requirements are ticky tacky details. But the big thing is a report and certificate of merit from a doctor who agrees there is a breach of the standard of care – the doctor did something a prudent doctor wouldn’t – and that the breach caused an injury.