A medical malpractice action in Maryland commences only after a certificate of merit is executed by a medical professional attesting to the deviation from the standard of care by the defendant doctor. The Maryland legislature has placed restrictions on which doctors can successfully execute a certificate of merit. see MD Code Cts. & Jud. Proc. 3-2A-04. This was done primarily to eliminate the potential for frivolous lawsuits being filed against doctors andospitals wih the expectation that malpractice insurance cost and the cost of medical services to patients would be reduced. The statute restrictions as to who can attest to a deviation from the standard of care essentially boil down to activites, experience, and affiliation. For example an attesting doctor who intends to offer testimony concerning compliance with or departure from standards of care may not devote annually more than 20 percent of the expert's professional activities to activities that directly involve testimony in personal injury claims. Similarly as to the credentials of an attesting see Section 3-2A-02 Exclusiveness of procedures it states
(2) (i) This paragraph applies to a claim or action filed on or after January 1, 2005
(ii) 1. In addition to any other qualifications, a health care provider who attests in a certificate of a qualified expert or testifies in relation to a proceeding before a panel or court concerning a defendant's compliance with or departure from standards of care:
A. Shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant's specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action; and B. Except as provided in item 2 of this subparagraph, if the defendant is board certified in a specialty, shall be board certified in the same or a related specialty as the defendant.
2. Item (ii)1.B of this subparagraph does not apply if:
A. The defendant was providing care or treatment to the plaintiff unrelated to the area in which the defendant is board certified; or B. The health care provider taught medicine in the defendant's specialty or a related field of health care.
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