is the statute of limitations for a medical malpractice lawsuit in Maryland?
Like a lot of states, Maryland has enacted a specific statute
malpractice lawsuits. But first, some background for
readers who may not be fluent in “legalese”: A statute of limitations is a state
law that sets a limit on the amount of time you have to file a lawsuit after
you have suffered some type of harm (such as an injury or a financial loss). Depending
on the kind of case you want to file, the deadline could be anywhere between
one year and 10 years.
Maryland’s statute of limitations for medical malpractice cases
can be found at Maryland
Courts & Judicial Proceedings Code section 5-109, and it says that a medical
malpractice lawsuit must be filed within five
years of the time that the injury was committed, or within three years of the date the injury was
discovered, whichever comes first.
Keep in mind that if you are relying
on the three-year “discovery” portion of the statute, as the plaintiff you have
the burden of proving that you did not discover -- and you could not have
reasonably discovered -- the occurrence of the underlying medical
error until the time when you finally took
Having read all of this, you may be wondering what happens if
you try to file your medical malpractice lawsuit after the statute of limitations
deadline has already passed. In that situation, it’s a safe bet that the doctor
or health care facility you’re trying to sue will file a legal motion asking the
court to dismiss the case, the court will grant the request, and that will be the
end of your lawsuit. So, it’s easy to see why it’s important to pay attention
to the Maryland statute of limitations and understand the deadline as it
applies to your medical malpractice case. Learn more about the Statute of Limitations in a Medical Malpractice Case.
by: David Goguen,