In Maryland, the Statute of Limitations in a Medical Malpractice Case is three years from the injury. If an injury is not discovered right away, one can file a suit within three years of the injury being detected, through what is commonly known as the “discovery rule.” Md. Code, Cts. & Jud. Proc. Art. § 5-109.
However, barring unusual circumstances even with the benefit of the “discovery rule” a lawsuit must still be brought within five years of the injury.
The lone exception is for medical malpractice injuries to minors, for whom the 3-year clock does not begin to run until their 18th birthday.
If you think you or a loved one has been injured due to medical negligence, it is important to meet with an experienced medical malpractice lawyer as soon as possible. Before a medical malpractice lawsuit is ready to be filed, one must gather as many relevant medical records together as possible and give those records to a medical expert who must determine whether there was a breach in the standard of care. This process can take many months, which means your attorney should have as much time as possible within the statute of limitations to file a case. Additionally, even after a lawsuit is filed, oftentimes an attorney will learn of additional parties that were negligent through the discovery process and can only bring a claim against those additional parties if the statute of limitations has not run.
For all of these reasons, it is important that we do not wait until the statute of limitations approaches to
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.