Can You Sue for a Surgical Error in Maryland?

 Posted on January 05, 2025 in Medical Malpractice

A surgical procedure is meant to treat a condition or prevent further harm, but mistakes during surgery can cause serious and lasting injuries. Not every mishap is malpractice, but some surgical errors are preventable and should never happen. In 2025, the Maryland Department of Health reported an increase in serious patient harm and deaths linked to medical mistakes in Maryland hospitals, including surgical errors, raising renewed attention to patient safety across the state.

When a healthcare provider makes a mistake that falls below accepted medical standards and causes harm, that error may support a medical malpractice claim. As of 2026, state law still places specific requirements on patients who believe a surgical mistake caused their injury. If this has happened to you or a loved one, a Baltimore County, MD medical malpractice lawyer can help you understand whether the injury was avoidable and what steps to take next.

What Qualifies as a Surgical Error in Maryland?

A surgical error occurs when a surgeon or surgical team fails to follow the accepted standard of care during an operation. The "standard of care" refers to what a reasonably careful medical provider would have done under similar circumstances.

Some surgical risks are known and unavoidable. A surgical error goes beyond those risks and usually involves a mistake that should not have happened. Common examples of surgical errors include:

• Operating on the wrong body part or the wrong patient

• Leaving surgical instruments or sponges inside the body

• Giving the wrong type or amount of anesthesia

• Causing avoidable damage to organs, nerves, or blood vessels

• Failing to properly monitor the patient during or after surgery

To pursue a claim, the error must have directly caused harm that could have been prevented with proper care.

How Does Maryland Law Define Surgical Malpractice?

In Maryland, surgical malpractice cases fall under the Health Care Malpractice Claims Act, found in Maryland Courts and Judicial Proceedings Article § 3-2A-01. This law outlines how malpractice claims must be filed and reviewed.

To move forward with a surgical malpractice claim, the injured patient must prove four elements:

• The healthcare provider owed a duty of care.

• The provider failed to meet medical standards.

• That failure directly caused the injury.

• The patient suffered damages as a result.

Damages may include medical expenses, lost income, and physical or emotional pain. Maryland law places a cap on non-economic damages, such as pain and suffering, under § 3-2A-09. Economic damages, like medical bills and lost wages, are not capped.

Why Is a Certificate of a Qualified Expert Required for a Medical Malpractice Case?

Maryland law requires most medical malpractice claims to include a Certificate of a Qualified Expert. This certificate must be signed by a medical professional who practices in the same or a related field.

The expert must confirm that the surgeon or provider failed to meet the standard of care and that this failure caused the injury. This requirement helps ensure claims are supported by medical evidence before they proceed. If the certificate is missing or improperly filed, the case may be dismissed even when the injury is serious.

How Do You Prove a Surgical Malpractice Case?

Surgical malpractice cases rely heavily on medical records and expert review. Building a strong case often involves several steps. Important parts of the process may include:

• Reviewing surgical and hospital records

• Consulting medical experts to explain how the error occurred

• Documenting injuries, follow-up treatment, and long-term effects

• Tracking financial losses such as medical bills and missed work

Expert testimony is often required to explain complex medical issues in clear, understandable terms.

How Long Do You Have To File a Surgical Malpractice Lawsuit in Maryland?

According to Courts and Judicial Proceedings Article § 5-109, a claim typically must be filed within three years of the date the injury was discovered.

There is also a five-year statute of repose. This generally prevents claims from being filed more than five years after the injury, even if it was discovered later. These deadlines are strict, and missing them can prevent recovery.

What Should You Do if You Suspect a Surgical Error?

If you believe a surgical mistake caused you harm, it is important to act carefully. Avoid assuming the outcome was unavoidable or blaming yourself. Seeking guidance early can help preserve records, meet deadlines, and determine whether the injury could have been prevented.

Schedule a Free Consultation With Our Baltimore, MD Medical Malpractice Attorney

If you were injured by a surgical error, having the right support can make a difficult situation more manageable. At Serafini Law, clients receive direct and personal attention throughout their case. With more than 12 years of experience, Attorney Andrew A. Serafini, Jr. is known for being supportive with clients while taking an aggressive approach with insurance companies and other defendants. Every case receives hands-on attention from start to finish.

Call 240-744-1600 to schedule a free consultation with our Baltimore County, MD medical malpractice lawyer. Our phone lines are open 24/7, and we work on contingency, meaning there is no fee unless we recover compensation for you.