Medical Malpractice Laws in Maryland (2026): Deadlines & Caps

Maryland gives most patients the earlier of five years from the date of the medical injury or three years from when they discovered it to file a malpractice claim, under Maryland Courts and Judicial Proceedings Section 5-109. Maryland also caps noneconomic (pain-and-suffering) damages in medical-injury cases at $920,000 for causes of action arising in 2026, a figure that rises by $15,000 every January 1 under Section 3-2A-09. This guide explains those rules in plain English, but it is general information and not legal advice about your situation.

This page is part of our Medical Malpractice Laws by State series.

What is the deadline to sue for medical malpractice in Maryland?

Maryland's statute of limitations for medical malpractice is set out in Courts and Judicial Proceedings Section 5-109. A claim must be filed within the earlier of five years from the date the injury was committed or three years from the date the injury was discovered. In plain terms, you usually have three years from discovery, but no claim can be brought more than five years after the negligent act, no matter how late the harm is found.

Because two deadlines run at once, the safe assumption is that the clock is shorter than it looks. Anyone who suspects malpractice should gather records and seek advice well before either period closes.

Is there a statute of repose in Maryland?

The five-year limit in Section 5-109 functions as Maryland's outer deadline, similar to a statute of repose, because it caps the filing window at five years from the date the injury was committed regardless of when it is discovered. For a claimant who was under the age of 16 at the time of injury, the limitations periods do not begin to run until the claimant reaches age 16, which can extend the practical deadline for children.

Does Maryland cap medical malpractice damages?

Yes. Maryland caps noneconomic damages, which cover pain, suffering, and similar non-financial harms, in medical-injury cases under Courts and Judicial Proceedings Section 3-2A-09. The cap is not fixed. It started at $650,000 for causes of action arising in 2008 and increases by $15,000 on January 1 of each year. For a cause of action arising in 2026, the noneconomic cap is $920,000.

The cap applies in the aggregate to all claims, both personal injury and wrongful death, arising from the same medical injury, no matter how many claimants or defendants are involved. In a wrongful-death action with two or more beneficiaries, the cap rises to 125% of the base figure, which equals $1,150,000 for 2026. Importantly, economic damages, such as medical expenses and lost earnings, are not capped at all. Maryland's separate, lower general personal-injury cap does not govern medical-injury claims, which use this higher schedule.

Do I need an expert certificate in Maryland?

Yes. Maryland requires a Certificate of a Qualified Expert under Courts and Judicial Proceedings Section 3-2A-04. The certificate, generally due within 90 days of filing the claim, must attest that the defendant departed from the applicable standard of care and that the departure was a proximate cause of the alleged injury. It must be accompanied by a report from the attesting expert.

The statute also limits who may sign the certificate, generally barring a party, an employee or partner of a party, and similarly conflicted individuals. Failing to file a proper certificate on time can lead to dismissal, which makes early expert review essential in a Maryland malpractice case.

Pre-suit requirements: the Health Care Alternative Dispute Resolution Office

Most Maryland malpractice claims must first be filed with the Health Care Alternative Dispute Resolution Office, not directly in court. After filing the claim and the required expert certificate, parties commonly waive arbitration and move the case to circuit court, but the initial filing with the office is a procedural gateway. This pre-suit step, combined with the expert-certificate requirement, means a Maryland malpractice case requires careful sequencing from the start.

Who can be held liable, and the standard of care

A Maryland malpractice claim can be brought against physicians, hospitals, nurses, and other licensed health care providers whose care fell below the accepted standard. To prevail, a plaintiff generally must show what a reasonably competent provider in the same field would have done, that the defendant breached that standard, and that the breach caused the injury. Qualified expert testimony is normally required to establish both the standard of care and causation, which is why the Certificate of a Qualified Expert is central to the process.

Contributory negligence in Maryland

Maryland is one of a small number of states that still follow the strict doctrine of contributory negligence. As the Court of Appeals reaffirmed in Coleman v. Soccer Association of Columbia (2013), a plaintiff whose own negligence contributed to the injury is generally barred from any recovery, regardless of how negligent the defendant was. This rule makes a patient's own conduct, such as ignoring medical instructions, a potentially significant defense in Maryland malpractice cases.

Wrongful-death medical malpractice in Maryland

When negligent care causes a death, the claim is generally brought as a wrongful-death action under Courts and Judicial Proceedings Section 3-904, for the benefit of the spouse, parent, or child of the deceased. A wrongful-death action generally must be filed within three years after the death. As described above, the noneconomic cap applies to wrongful-death claims arising from a medical injury, and it rises to 125% of the base figure ($1,150,000 for 2026) when there are two or more beneficiaries.

How to evaluate a possible claim

If you believe you or a loved one was harmed by medical care in Maryland, practical first steps include collecting your complete medical records, noting dates and details, and consulting an attorney well before the five-year and three-year deadlines close. Most malpractice attorneys offer a free initial consultation and work on a contingency fee, meaning they are paid a percentage of any recovery rather than upfront. No attorney or website can guarantee that a case will succeed or predict a dollar amount, because outcomes depend on the specific facts, the records, and expert review. Consulting a licensed Maryland attorney early is the safest way to protect your rights.