In Maryland medical malpractice cases, the plaintiff must complete a crucial step before the malpractice claim can go to court. In the proper procedure, they must obtain and submit a Certificate of Qualified Expert, also called a certificate/affidavit of merit. If you believe you or a loved one are a victim of medical malpractice in the Baltimore area, work with the experienced lawyers at The Law Offices of Cardaro & Peek to work professionally and diligently to prove your case. Here’s a breakdown of an affidavit of merit in Maryland medical malpractice.
What is a Certificate of Qualified Expert (“CQE”)?
Also known as a certificate/affidavit of merit, a CQE is a signed and sworn statement from a medical expert witness stating the claim is legitimate and meets the requirements to prove wrongdoing by a medical professional. Essentially, the CQE helps to lower the probability of frivolous lawsuits and strengthen the plaintiff’s case. In the statement, the expert shows that they are in the same medical field as the one the defendant practices, they have reviewed the case, and in their expert opinion, they found the defendant’s actions to breach the medical standard of care in the given circumstances.
Who Can Sign the CQE?
The expert witness who signs the affidavit does not also need to be the testifying expert if your Maryland medical malpractice claim gets heard in court. In Maryland, a qualifying medical doctor who can sign the CQE must have clinical experience, consult in the related clinical field, and work in the same specialty as the defendant who failed to provide the standard of care to the plaintiff.
What if I Don’t File a CQE when I make my claim?
In some circumstances, an extension can be granted without jeopardizing your Maryland medical malpractice claim. But, to avoid any procedural trouble, it is helpful to file both the CQE and the claim together. The statute of limitations on medical malpractice cases in Maryland is three years from the injury, or from the time the injury was discovered. Finding an expert for your particular situation can be time consuming. For that reason, it is important to work with your malpractice attorney to see this process through and ensure all necessary requirements are met to pursue your claim.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.