In Maryland, the statute of limitations for medical negligence is whichever occurs first: five years from the date of the injury or three years from when the injury was discovered.
However, there are exceptions to this rule:
- Minors
- Wrongful death
- Those who are mentally incapacitated
The statute of limitations is vital in determining whether a medical malpractice claim can move forward. Consulting an experienced Baltimore medical malpractice lawyer ensures your case is handled within the legal timeframe.
Reach out to our Baltimore medical malpractice lawyer today to ensure your case is handled and filed within the statute of limitations.
What is the statute of limitations on medical negligence?
The statute of limitations is the legal deadline by which a person must file a lawsuit which depends on the state law. It governs how long you must seek justice if you suffered a personal injury due to a medical professional's negligence. Missing this deadline can prevent victims from obtaining the compensation they deserve for their injuries.
If you fail to file a medical malpractice lawsuit within this deadline, you will likely lose the right to pursue compensation. This means you may forfeit the chance to hold negligent medical professionals accountable. Acting promptly on Maryland malpractice is important to protect your legal rights and secure potential compensation.
The rationale for a standard statute of limitations includes preserving evidence, encouraging timely resolution, and ensuring fairness for both parties.
How the discovery rule works
The discovery rule applies when the medical error isn't immediately apparent. In such cases, the statute of limitations begins during the discovery of the injury —or reasonably should have discovered—the injury. This rule ensures that victims of hidden medical errors still have the opportunity to file a claim.
For instance, if a surgical instrument is left inside a patient but isn't detected until years later, the timeline starts at the date of discovery. The Maryland statute of limitations ensures justice for those whose injuries may not manifest immediately, allowing them the opportunity to file a medical malpractice claim.
Also, the discovery rule helps balance the rights of patients and medical professionals. It offers flexibility while maintaining the principle of timely resolution. Understanding how this rule applies requires careful examination, often with the guidance of an experienced Maryland medical malpractice lawyer.
Exceptions of the statute of limitations for medical negligence in Maryland
Certain situations allow for exceptions or extensions to Maryland's strict filing deadlines. These adjustments ensure that victims with unique circumstances still have a chance to seek justice.
Minors (time extended until they reach a certain age)
For minors, the statute of limitations is extended until they reach the age of majority. In Maryland, this means a claim must be filed within three years after the minor turns 18. This rule gives them until their 21st birthday to bring a medical malpractice claim.
This extension allows young victims of medical malpractice the opportunity to seek compensation, even if the injury occurred during childhood. It ensures they aren't disadvantaged due to their age or lack of legal ability to act independently. Parents or guardians may still file a claim earlier on the minor's behalf.
Wrongful death
For wrongful death claims, the statute of limitations is generally three years from the date of death. This applies to families seeking justice for a loved one who suffered fatal medical negligence.
Filing a wrongful death claim requires navigating Maryland's complex laws, so partnering with a skilled Baltimore medical malpractice lawyer is critical in ensuring timely action. This protection ensures that healthcare professionals cannot evade responsibility through dishonest actions.
The limitation period for filing a medical malpractice case is limited. Act now and call our DC medical malpractice lawyer today for guidance!
Those who are mentally incapacitated
For victims who are mentally incapacitated, the statute of limitations may be paused until the incapacity is resolved. Maryland law allows these individuals to file within three years of regaining capacity.
This provision ensures fairness for individuals unable to take legal action due to their mental condition, offering them an opportunity to seek justice once they are able. Families or legal representatives often play a key role in initiating claims during periods of incapacity.
Our role as experienced medical negligence attorneys
At Frank Spector Law, we understand that medical malpractice law is complicated because of its strict timelines that must be met to enforce your rights. Our experienced team ensures that your claim is filed on time, gathering the evidence needed to build a strong case.
From reviewing medical records to consulting experts, we handle every aspect of your medical malpractice case. Whether you've suffered an injury, lost a loved one to wrongful death, or experienced negligence during treatment, our expertise can make all the difference.
How Frank Spector Law can help
If you believe you've been a victim of medical malpractice, calling Frank Spector Law is the first step toward justice. Our team specializes in Maryland medical malpractice claims. We have an in-depth understanding of the state's statutes of limitations with precision and care.
We are dedicated to securing timely results for our clients. We assure you that you don't lose your right to pursue compensation by filing a claim for medical issues within the statute.
Don't wait—reach out to us today or dial 443-845-1456 for help.
FAQs
Can you sue a doctor after 10 years?
Generally, no. A medical malpractice claim must be filed within five years from the injury date or three years from the date the injury was discovered, whichever comes first. However, exceptions to the general statute of limitations like fraud or medical injuries that need continuous treatment may apply. If you're one of the many victims of malpractice, seek medical malpractice attorney to clarify your options.
Can you sue for medical negligence after 20 years?
In most cases, this is not possible due to medical malpractice statute of limitations, which sets an absolute five-year deadline from the date of injury. An exception to the standard statute is rare but may include types of cases involving minors or concealment of negligence. Contact a Baltimore medical malpractice attorney for specific advice on the limitations for your case.
How much can you sue a doctor for in Maryland?
Maryland imposes caps on non-economic damages in medical malpractice action, with amounts adjusted annually. The cap varies based on the injury date and whether the case involves wrongful death. A skilled law group for medical malpractice claim in Maryland can help determine the potential value of your claim.
