Maryland Medical Malpractice Insurance: Statute of Limitations, Requirements and Costs

Maryland Medical Malpractice Laws


Every state, including Maryland, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Maryland, the statute of limitations is five years from the date of when the injury was committed, or three years from the date when the injury was discovered—whichever is earlier. As for minors in Maryland, the statute does not begin to run until age eleven. If the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen.

Maryland is one of only four states that recognize the traditional common law doctrine of contributory negligence. This means that, in Maryland, if the claimant is deemed to have even one percent cause, this will bar recovery completely.

Maryland Medical Malpractice: Facts & StatistIcs

  • In 2016, Maryland had 30,188 licensed physicians within a population of 6,016,447 residents, equaling 502 physicians for every 100,000 people.
  • Medical malpractice suits in 2015 were 21.1 per 100,000 residents, with a total payout of $108.6 million. This represents a 19.62% decrease from 2014.
  • In 2015, Maryland ranked 27th in medical malpractice lawsuits.
  • According to Medscape, Maryland is the 22nd best state in which to practice medicine.

Costs, Requirements, and Limitations:

Industry Average Cost of a Maryland Medical Malpractice Insurance Policy: $9,869
Is Medical Malpractice Insurance Required in Maryland? No, but protecting assets is recommended.
Minimum Carrying RequirementsNone, but as mentioned it is highly recommended.

What are the medical malpractice damage caps in Maryland? For noneconomic damages, there is a limit of $770,000, with a cap increase set at $15,000 per year.
What is the “statute of limitations” for a medical malpractice complaint in Maryland? 3 years / 5 years, Maryland Cts & Jud. Proc. Code section 5-109.



Medical Malpractice Insurance in Maryland
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