Medical Malpractice: Virginia vs. Maryland

In Virginia, medical malpractice claims require a plaintiff to establish four elements: a duty of care owed by the healthcare provider, a breach of that duty, causation linking the breach to the injury, and damages suffered as a result. Virginia law mandates that plaintiffs obtain a certificate of merit from a qualified expert to proceed with a malpractice claim, indicating that the expert believes there has been a deviation from the standard of care. Furthermore, Virginia has a statute of limitations of two years from the date of the alleged malpractice, although this period may be extended in cases of fraud or concealment by the healthcare provider.

Maryland also requires claimants to demonstrate a breach of the standard of care by the medical provider and to establish causation and damages. A unique feature of Maryland law is the requirement for parties to engage in a pre-suit mediation process before proceeding to court, which can often help resolve disputes outside of litigation. Additionally, Maryland imposes a statute of limitations of three years from the date of the injury, aligning with the general trend in personal injury claims. Unlike Virginia, Maryland does not require a certificate of merit, but plaintiffs must provide expert testimony to establish the standard of care and breach thereof.