Medical malpractice in Maryland
Yearly noneconomic limit
Maryland medical malpractice noneconomic damages follow a rising yearly limit, and most claims start through the Health Care Alternative Dispute Resolution Office with a timely certificate of qualified expert. Timing is the earlier of three years from discovery or five years from the injury.
Last reviewed September 22, 2026
- 2026 noneconomic
- $920,000
- 2026, two or more claimants
- $1,150,000
- Usual filing window
- 3 years
Causes of action arising in 2026, in the aggregate
Wrongful death with two or more claimants or beneficiaries
From discovery, and no later than 5 years from the injury
Damage caps
For causes of action arising in 2026, noneconomic damages are generally limited to $920,000 in the aggregate for the same medical injury. If a wrongful death action has two or more claimants or beneficiaries, the combined noneconomic limit is $1,150,000. Economic losses are not capped by that noneconomic statute.
Not capped
Economic damages
The noneconomic statute does not set a general ceiling on economic losses. Past medical expense proof has special paid-or-incurred limits. Future medical and wage proof can involve neutral experts.
Those proof rules are in Courts and Judicial Proceedings section 3-2A-09. They are not a noneconomic-style dollar ceiling on all economic loss.
Capped
Noneconomic damages
Noneconomic damages are capped, and the cap rises $15,000 on each January 1. The base is $650,000 for causes arising in 2005 through 2008. For a cause of action arising in 2026, the limit is $920,000. The cap applies in the aggregate to personal injury and wrongful death arising from the same medical injury. The year that matters is the year the cause arises, not the year the case is filed.
If a wrongful death action has two or more claimants or beneficiaries, total noneconomic awards for all actions may not exceed 125 percent of the yearly limit. For causes arising in 2026, that combined limit is $1,150,000. The jury is not told the cap. The court reduces an award above the limit.
The limit is an aggregate for the same medical injury. It is not a separate cap for each defendant.
Noneconomic limit for 2026
The cap year is the year the cause of action arises. The row below is the 2026 arising-year pair from the statutory step, not a payment average.
| Milestone | Noneconomic aggregate | Two or more claimants |
|---|---|---|
| Causes of action arising in 2026Review year | $920,000 | $1,150,000 |
The limit is $650,000 for causes arising in 2005 through 2008, then rises $15,000 each January 1 beginning in 2009. For 2026, $650,000 plus $15,000 times 18 years is $920,000. The figure for two or more wrongful-death claimants or beneficiaries is 125 percent of that yearly limit, or $1,150,000. The jury is not told the cap.
Filing deadlines
File within the earlier of three years after discovery or five years after the injury was committed. Filing with the Health Care Alternative Dispute Resolution Office counts as filing. File the certificate of qualified expert on time, usually within 90 days.
- General rule
File within the earlier of five years from the time the injury was committed or three years from the date the injury was discovered.
- When the injury is committed
Case law treats the injury as committed when legally cognizable damages first exist as a proximate result of the negligence.
- Minors
Special commencement rules apply if the claimant is under 11, or under 16 for a reproductive-system injury or a foreign-object injury.
- HCADRO filing
Filing a claim with the Director of the Health Care Alternative Dispute Resolution Office is treated as filing an action for limitations purposes. Medical injury claims generally begin there, subject to waiver and opt-out practice that can move the case to circuit court.
- Expert certificate
Unless the sole issue is informed consent, the claimant generally must file a certificate of a qualified expert, with a report, attesting to a departure from the standard of care and to proximate cause. The usual deadline is 90 days from the claim or complaint, with limited extension paths. Noncompliance can lead to dismissal without prejudice and a limited refiling window.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The cap year is the year the cause arises
Maryland's valuation headline is a noneconomic schedule that steps up each January 1. Use the year the cause of action arises. Do not use the year the case is filed.
HCADRO and the 90-day certificate
Most medical injury claims start with the Health Care Alternative Dispute Resolution Office. The certificate of qualified expert, usually due within 90 days, is the signature process step.
Two clocks, and the earlier one controls
The public timing theme is three years from discovery and five years from the injury, whichever ends first. Filing with HCADRO counts as filing the action.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Maryland case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The year the cause of action arises, and liability proof, drive the valuation range.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. The noneconomic cap under Courts and Judicial Proceedings section 3-2A-09 rises $15,000 each January 1. For a cause of action arising in calendar year 2026, the calculated limit is $920,000, or $1,150,000 (125 percent) when a wrongful-death action has two or more claimants or beneficiaries. The cap year is the year the cause arises, not the filing year. Filing with the Health Care Alternative Dispute Resolution Office, plus a certificate of qualified expert, remains a core gate.
- Cts. & Jud. Proc. § 3-2A-09 (opens in a new tab)Accessed September 22, 2026
- Cts. & Jud. Proc. § 5-109 (opens in a new tab)Accessed September 22, 2026
- Cts. & Jud. Proc. § 3-2A-04 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Maryland attorney about which cap year applies and about certificate timing at the Health Care Alternative Dispute Resolution Office.