Maryland Statute of Limitations on Medical Malpractice

If a doctor, nurse, or other healthcare provider harms you due to their negligence (carelessness) or other wrongdoing, you may be entitled to file a medical malpractice claim against them. These claims can be worth millions of dollars, but they are also notoriously complex. 

For instance, unless the responsible medical professional accepts liability (which is very unlikely), you must present a “certificate of a qualified expert” under state law. The issues involved in medical malpractice cases are usually not easily understood by someone outside of the healthcare field.

You must also comply with the state’s statute of limitations for medical malpractice claims, which is also more complicated than the statute of limitations that applies to most other personal injury cases. Continue reading to learn more about this important law so that you can recover the compensation you need and deserve after being harmed by a medical error.

What Is a Statute of Limitations?

What Is a Statute of Limitations?

A statute of limitations is a law that sets time limits for filing lawsuits. Every state has various statutes of limitations that apply to all kinds of lawsuits to be filed in court. This is a critical time limit to follow because the court can dismiss your claim outright if you file too late.

States have these laws in place because evidence tends to fade over time, such as eyewitness memories, physical evidence, and more. By limiting the amount of time people have to take legal action, it can make the litigation process more straightforward and fairer for everyone involved.

What is Maryland’s Statute of Limitations for Medical Malpractice?

Maryland’s statute of limitations for medical malpractice cases is five years by default. Unless an exception applies, you must file your lawsuit within five years of the date your medical malpractice occurred. However, you might also only have three years, depending on when you discovered your injury (see below for more information). 

It’s best not to assume you have this amount of time to file your lawsuit, especially because of how complicated medical malpractice cases usually are. Even if an exception doesn’t apply (which one very well might) and you do have five full years, it is still better to get started on your case as soon as you can.

The best way to confirm the amount of time you have to file a lawsuit in your case is to contact a Maryland medical malpractice lawyer for a free consultation. You can also learn more about the time limit by reading about the various exceptions that may apply.

What Are Exceptions to the Medical Malpractice Statute of Limitations in Maryland?

One major exception that applies to many medical malpractice cases in Maryland is called the “discovery rule.” This rule exists because not all injuries are apparent immediately. So, Maryland gives you three years from the date your injury was discovered, or five years in total, whichever is earlier.

Another common exception relates to cases involving minors. For example, if the victim was under the age of 11 when the medical malpractice occurred, the clock will not start counting down until they reach that age. 

Note that it gets more nuanced than this for very specific cases: those involving harm to the reproductive system of the minor under the age of 11, or if a foreign object was negligently left in the minor’s body (again under the age of 11).

There are other exceptions too, but they are rare. For example, if the at-fault party in your case has fled the state, it is possible you might have additional time to file. 

What Damages Can I Recover by Filing a Medical Negligence Claim?

Victims of medical malpractice in Maryland can recover both economic and non-economic damages. State law is very strict about punitive damages, but they are still technically available in rare cases.

Economic damages represent your financial losses related to the medical negligence, such as:

Non-economic damages reflect your more subjective types of losses, including:

Punitive damages require you to demonstrate “actual malice” on behalf of the healthcare provider. Keep in mind as well that Maryland currently has a cap on non-economic damages but not on the other two kinds.

How Much Does It Cost To Hire a Medical Malpractice Attorney?

Medical malpractice lawyers in Maryland generally work on a contingency fee basis. This means you can hire an attorney for your case without paying any money upfront. You also won’t pay by the hour or for a flat fee.

Instead, you only pay attorney’s fees if your lawyer wins a jury verdict or settlement agreement for you. You will sign terms ahead of time, but in most cases, your attorney will receive around 25-40% of your compensation as payment.

This can be a favorable setup for both you and your lawyer. Your lawyer will be incentivized to recover maximum compensation for you, and you can hire any attorney you choose without regarding your finances.

Schedule a Free Consultation With Our Experienced Maryland Medical Malpractice Lawyers

If you were harmed by a doctor’s error, you may be entitled to substantial compensation. However, as we have seen, these cases are complex – you will almost certainly need an experienced attorney to help you. 

WGK Personal Injury Lawyers has been in business since 1977. Contact our award-winning Maryland medical malpractice attorneys today at (410) 837-2144 for a free initial consultation. We are confident we can secure a winning outcome for you and your family.