Many people in Maryland realize they have the right to sue their doctor if they were the victim of medical malpractice. A common question that does come is, “Do I have the right to file a lawsuit against a hospital or another medical facility?” While these types of cases can be complex, a hospital could be held liable if its practices, procedures, or management resulted in your injury.
Hospitals have an obligation to provide a specific standard of care. If the facility is not maintained or if the administration does not enforce its safety protocols, a patient who suffers harm has the right to sue to recover their damages. Our Baltimore medical malpractice attorneys have the resources and experience to handle complex litigation against your physician, medical technician, or hospital.
Get a free, private case evaluation by calling our Maryland medical malpractice lawyers at Rice Law at (410) 694-7291.
Can I Sue a Hospital for Medical Malpractice in Maryland?
We often think of medical malpractice as something cause by doctors. While this is true, doctors are not the only ones who may be held responsible. Often, the hospitals these negligent doctors work for may be held vicariously liable or even directly liable for injuries caused by malpractice.
Suing a Hospital or Medical Facility
Injured patients may sue the hospital that provided negligent medical care under various circumstances. In many cases, a hospital may be vicariously liable simply because it employed the doctor who caused the injuries.
In other cases, the hospital may be directly liable. For example, suppose a doctor was intoxicated while performing surgery. In that case, the hospital may be directly liable for negligent hiring if it knew or should have known that the surgeon had a history of alcohol abuse.
Suing Multiple Medical Facilities
Some victims have complex medical conditions at require treatment from multiple doctors at multiple hospitals or medical facilities. In such cases, multiple hospitals may be held liable for medical malpractice, depending on the situation.
What You Must Prove in a Medical Malpractice Case Against a Maryland Hospital
Medical malpractice claims are complicated, requiring an understanding of the actions hospitals and doctors take to avoid preventable mistakes. This information is necessary if you wish to establish an accepted standard of medical care. When bringing a lawsuit against a Maryland hospital, the plaintiff must prove the following elements:
Standard of Care
We must establish the standard of care in your case and how the defendant failed to provide treatment that met that standard. Lawyers and judges are not qualified to determine medical standards of care, and we need medical expert witnesses to evaluate the case and make this determination for us. They may also determine whether the standard was met or if our treatment fell short.
Deviation from the Standard of Care
We must also establish that the defendant deviated from or breached the accepted standard of medical care. This may involve providing unnecessary, inappropriate, or incorrect treatment. For example, simply prescribing the wrong medication, or prescribing the correct medication at a dangerously wrong dosage, may be considered a deviation from the standard of care.
The fact that treatment was ineffective is not, in itself, malpractice. We must show that the treatment you received, whatever it was, did not meet the standard of care.
Injuries and Damages
You cannot recover compensation if we cannot prove that the breach resulted in your injury or injuries. Our Maryland medical malpractice attorneys will help you prove that your injuries and damages are real and not merely hypothetical. Medical records, evidence of expenses, and testimony regarding your pain, distress, suffering, and quality of life may be crucial to proving damages.
How to Explain Complex Medical Information in a Medical Malpractice Case
Suing a hospital requires testimony from a qualified medical expert. Our office relies on expert testimony to establish the legal standard of care that should have been applied, presenting hypothetical examples of actions or decisions that should have been taken to prevent the injury.
Medical Expert Witnesses
When focusing on a hospital, we utilize experts in the hospital management field, often focusing on the implementation of protocols and systems to prevent errors and injuries. To prevail in a medical malpractice case, an injured plaintiff must demonstrate that the hospital failed to exercise appropriate care.
We may also require medical experts, including physicians, to explain how the hospital’s policies or practices are directly responsible for patient injuries. They may be able to explain why the hospital’s actions were dangerous and directly responsible for your injuries.
Certificate of Qualified Expert Required to Sue a Maryland Hospital
Maryland malpractice claims differ from other types of personal injury lawsuits. Within 90 days of filing a malpractice claim, our office will have to file a certificate from a qualified medical expert. The medical expert will swear under oath that they examined the claim and attest that the defendant failed to meet the current accepted medical standard of care, and this failure was the primary cause of your injuries.
Why a Maryland Hospital May Be Liable for Medical Malpractice
Hospitals are often vicariously liable for medical malpractice, but they may be directly liable under certain conditions.
Employees vs. Independent Contractors
One tactic Maryland hospitals employ to avoid liability is hiring independent contractors. A hospital may be held vicariously liable only for injuries caused by negligent employees. Independent contracts are not legally considered employees, and the hospital may not be held liable for their actions.
Even when this occurs, our Maryland medical malpractice lawyers may pursue an injury claim based on the hospital’s omissions or acts that contributed to the cause of your injuries.
To ascertain if an employee is an independent contractor for liability purposes, our office will examine whether the hospital had control over the individual’s activities, conduct, and decisions.
Non-Delegable Duties
While Maryland hospitals will try to avoid liability, there are circumstances where denying responsibility is more difficult. Hospitals have non-delegable duties. If a Maryland hospital is accredited, certain duties cannot be transferred to other entities or independent contractors. For example, a hospital is not permitted to delegate the custody, care, and supervision of its patients.
If the hospital assigned non-delegable duties to some other person or entity, and such actions directly led to your injuries, the hospital can and should be held responsible.
Facility Maintenance
Furthermore, the hospital is responsible for maintaining the equipment and facility itself. This includes keeping the hospital premises safe for patients and their families and ensuring that medical equipment is in safe working order. If your injuries stem from poor facility and equipment maintenance, the hospital may be directly responsible.
Negligent Hiring
Additionally, if proper background checks are not conducted on the physicians and surgeons who use the facility, the hospital could be held liable. This requires the administration or management to conduct reasonable investigations to vet all individuals who practice medicine or provide patient care.
Generally, the hospital must know or reasonably should know that a doctor or other medical professional is unfit for the job before hiring them. Alternatively, the hospital may be liable if it fails to properly vet potential doctors.
Failure to Adopt or Enforce Protocols
Maryland hospitals also must formulate and adopt protocols, rules, and regulations to ensure their patients receive quality medical care. These rules and regulations must be enforced. When investigating a medical malpractice claim, our Maryland personal injury lawyers will examine these protocols and any employee handbooks or training.
Maryland Cap On Medical Malpractice Damages
Another difference between medical malpractice claims and other personal injury claims is that, under Maryland law, there is a cap on the compensation a malpractice victim may recover. More specifically, Maryland’s law targets the non-economic damages you would be entitled to if you prevailed in your case.
As of 2025, the cap is $905,000. This limit is set to increase by $15,000 each year. If your injury occurred before 2021, subtract $15,000 for each year. This cap does not impact your economic damages. Economic losses are your actual financial expenses, including medical bills, lost income, and other out-of-pocket expenses related to your injury and recovery.
FAQs About Suing a Maryland Hospital for Medical Malpractice
Can I Sue a Hospital in Maryland for Medical Malpractice?
Yes. If you or someone you know suffered injuries because of medical negligence, you may sue the doctor responsible and the hospital they work for.
What Do I Need to Prove in a Medical Malpractice Lawsuit?
Typically, you must prove that the doctor provided treatment that did not meet the standard of care and that the hospital employed them. Depending on the situation, plaintiffs might have to prove something more specific, such as the hospital’s failure to adopt patient safety protocols, negligent hiring, or some other form of negligence that directly caused their injuries.
How Are Hospitals Legally Responsible for Medical Malpractice?
A hospital may be held vicariously liable if a medical professional it employs commits medical malpractice. In other cases, hospitals may be directly liable if, for example, administrative failings, negligently hiring incompetent staff, or unsafe practices are the proximate cause of the injuries.
What Evidence Do I Need to Prove that a Hospital is Liable for Medical Malpractice?
Your medical records may be the most important piece of evidence, as experts must review them to determine whether malpractice occurred. We may also rely on witness testimony and records of hospital rules, regulations, and protocols.
How Do I Get Expert Witnesses for a Maryland Medical Malpractice Case?
Medical experts who review the evidence should have experience in relevant medical fields. If your injuries stem from a heart surgery gone wrong, medical experts should have experience and knowledge related to cardiothoracic surgery. We must also present a Certificate of a Qualified Expert.
What Damages Can I Claim in a Medical Malpractice Case?
You may claim economic damages related to additional medical costs, lost wages, and other monetary costs incurred as a direct result of your injuries. You may also claim non-economic damages for pain, suffering, and distress. Punitive damages may be possible, although they are rare.
Our Maryland Medical Malpractice Attorneys Have the Experience to Handle Challenging Cases
Get a free, private case evaluation by calling our Maryland medical malpractice lawyers at Rice Law at (410) 694-7291.