When a patient discovers that he or she may be a victim of a medical malpractice claim, it’s important to seek legal assistance as soon as possible. Maryland law has clear guidelines concerning the statute of limitations for filing a malpractice claim, and claimants that fail to meet the statute may not be able to recover. The statute of limitations prescribes a period of limitation for bringing certain legal claims, and it can vary based on individual circumstances. Learn more about the statute of limitations for a malpractice claim in Maryland.
The Statute of Limitations
Maryland Courts & Judicial Proceedings Code section 5-109 states that a medical malpractice lawsuit must be filed within five years of the time that the injury was committed or within three of the date the injury was discovered. Plaintiffs relying on the three-year “discovery” portion of the statute have the burden to prove that they did not discover (or could not have reasonably discovered) the medical error until they took action.
The Statute of Limitations for Minors
Maryland law provides a special exception for cases of medical malpractice involving minors. In most cases, the statute of limitations does not begin until the victim reaches 11 years old. Victims that are under the age of 16 may be privy to special exceptions if the medical malpractice incident harmed their reproductive capabilities or resulted from a foreign object negligently left in the body by the physician.
When the Statute of Limitations Expires
If you allow the statute of limitations to expire before filing a claim, you may not be able to pursue your malpractice claim in the state of Maryland. If your case does not fall under a Maryland exception, it’s important to file your claim within the statute of limitations listed above. The experienced medical malpractice attorneys at Cardaro & Peek can help you discuss your case and ensure that it is timely filed.
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.