Michael J. Baxter

Michael J. Baxter is a trial lawyer with more than 35 years of experience representing doctors, nurses, hospitals and insurance companies in medical malpractice litigation. Michael also represents health care providers in peer review, licensing and credentialing matters. He has tried over 80 jury trials to verdict throughout the State of Maryland. He has also established significant medical malpractice law in the Maryland appellate courts. He regularly engages in mediation and arbitration on behalf of clients and serves as a court-appointed mediator in cases across the State.

Michael is a leader in Maryland Bar Associations, judicial selections and community organizations. He is a past President of the Maryland State Bar Association and the Bar Association of Baltimore City, and has served on the foundations of both organizations. He has also served as a member of the Maryland Trial Courts Nominating Commission and is a Trustee of the Bryn Mawr School.

He is a Fellow of the American College of Trial Lawyers, a member of the American Board of Trial Advocates, and has been recognized as a top medical malpractice attorney by The Best Lawyers in America. Additionally, Super Lawyers has named Michael to their top ten and top 100 lists of outstanding lawyers.

Michael publishes and lectures on medical malpractice, health care law and litigation. His presentations have addressed federal and state peer review, credentialing, and medical malpractice litigation and discovery.

Medical Malpractice Defense

Health Care Provider Licensing, Credentialing and Peer Review

Litigation

George Washington University National Law Center

Juris Doctor, Law, with Honors, 1980

University of Maryland

Bachelor of Arts, Economics, Cum Laude, 1977

Bar Admissions

Maryland, 1980
Baltimore City, 1981
Baltimore County, 2002
District of Columbia, 1995

Court Admissions

Court of Appeals of Maryland, 1980
District of Columbia Court of Appeals, 1995
United States District for the District of Maryland, 1982
United States Court of Appeals for the Fourth Circuit, 1994
Supreme Court of the United States, 1999

Member, Trial Courts Judicial Nominating Commission, Baltimore City (2015-present)

President, Maryland State Bar Association (2013-14)

Member, Peer Review Committee, Maryland Attorney Grievance Commission (2001-2010)

Member, Character Committee, Court of Appeals of Maryland, Sixth Circuit (2008-2010)

President, Bar Association of Baltimore City (2000-2001)

Trustee, Maryland Bar Foundation (2006-2010, 2013-2018)

President, Baltimore Bar Foundation (1998-1999); Trustee (1998 – present)

American Board of Professional Liability Attorneys, Medical Professional Liability specialization

 

Bell v. Chance, 460 Md. 28 – interpretation of Maryland Mental Health Law in case involving involuntarily committed patient, resulting in verdict in favor of treating physician

Goodwich v. Sinai Hospital, 343 Md. 185 – first Maryland case to apply federal peer review immunity for hospital in physician peer review action;

Rodriguez v. Clarke, 400 Md 39 – addressed Maryland law on pre-trial discovery in medical malpractice suits; dismissal of suit against hospital affirmed on appeal.

Mays v. General Surgeon – alleged unnecessary cholecystectomy and transection of biliary duct. Jury verdict in favor of surgeon, Circuit Court of Maryland for Baltimore County.

Ball v. Internist – wrongful death claim alleging failure to detect myocardial infarction, jury verdict in favor of internist, Circuit Court of Maryland for Baltimore City.

Levy v. Ophthalmologist – cataract surgery involving insertion of allegedly incorrect intraocular lens. Jury verdict in favor of ophthalmologist, Circuit Court of Maryland for Baltimore County.

Honors and Awards

Fellow, American College of Trial Lawyers (2003-present)
Member, American Board of Trial Advocates (2004-present)
Selected, Daily Record Leadership in Law (2014)
Selected, Maryland Super Lawyers (2007-present)
Selected, Best Lawyers in America
Selected, Daily Record Leadership in Law

Pro Bono activities

Trustee, Bryn Mawr School, Baltimore, Md.
Chair, Baltimore Division, American Heart Association

Speaking Engagements

Lecturer, “Law & Medicine in Medical Malpractice Cases in Maryland”, Judicial Institute of Maryland, Crownsville, Maryland (2018)

Lecturer, “Medical Malpractice Litigation”, Circuit Court for Wicomico County, Salisbury, Maryland (2018)

Lecturer, “Medical Malpractice”, Circuit Court for Baltimore City, Baltimore, Maryland (2017)

Lecturer, “Why Mediate? Tips and Skills Training,” Mid–Year Meeting, Maryland State Bar Association, St. Kitts (2014)

Lecturer, “Practicing Before the Maryland Board of Physicians,” Mid-Year Meeting, Maryland State Bar Association, Costa Rica (2013)

Panel Member, “Discovery, Motions & Sanctions” (2009, 2006); “Dealing with Discovery Disputes” (2003), Judicial Institute of Maryland, Crownsville, Maryland

Faculty, MSBA, Professionalism Course (1998-2012)

Lecturer, “Managing Medical Malpractice,” American Health Lawyers Association, Scottsdale, Arizona (2002)

Lecturer, “Hospital Credentialing: Risky Business,” American Health Lawyers Association, Healthcare Litigation Committee, Chicago, Illinois (1999)

Lecturer, “Deposition Training”, MICPEL, Baltimore, Maryland (1997-2005)

Lecturer, “Federal Peer Review Immunity,” International Association of Defense Counsel, Mid-Year Meeting, Palm Springs, California (1997)

Lecturer, “Surviving a Medical Malpractice Lawsuit,” Risk Management Seminars, Baltimore and Columbia, Maryland (1995)

Lecturer, “Managed Care Credentialing,” National Health Lawyers Association Annual Meeting, San Francisco, California (1995)

Articles and Publications

Author, “Maryland Physicians and Sexual Harassment,” Maryland Bar Journal, Volume XLII, No. 6 (2009)

Author, “Federal Peer Review under HCQIA,” Defense Counsel Journal, Vol. 64, No. 3 (1997)

Author, “Criminal Prosecution of Medical Malpractice,” IADC Medical Malpractice Committee Newsletter (1995)

Author, “Physician Credentialing: New Risks for Patients and Providers,” Maryland Bar Journal, Vol. XXVII, No. 1 (1995)

Author, “Exclusive Contracting: The Original Economic Credentialing,” Journal of Health and Hospital Law, Vol. 26, No. 4 (1993)

Author, “The Evolution of Medical Staff Credentialing,” Medical Staff Counselor, Vol. 7, No. 1 (1993)

Author, “Medical Malpractice: The Perils of Appeal,” Maryland Bar Journal, Vol. XXI, No. 2
(1988)

Author, “Peer Review — New Federal Legislation,” Chapter Forum, American Society for Healthcare Risk Management, American Hospital Association (1987)