The Maryland statute which addresses the limitations in litigation involving medical malpractice, Maryland Courts and Judicial Proceedings § 5-109, may seem overwhelming to the untrained eye, and rightfully so.
The basic premise of medical malpractice cases in Maryland is that the litigation must be brought forward no longer than five years after the injury was actually committed, or three years after the date of discovery of the injury, whichever period is shorter. This language alone causes many loopholes that can be exploited by either side in a medical malpractice case, especially in the case when a claim must be brought that falls in between these two time periods.
If the malpractice case is one of negligence, any suit must be filed within the period of time in which the injury caused by the doctor should have reasonably have been discovered. This discovery rule introduces yet another grey area in the administration of medical malpractice cases, as the actions of the patient after the alleged malpractice of the doctor must be scrutinized with the same fine toothed comb as the actions of the doctor would be. Reasonable diligence is a concern. If an area of concern is found, the problem must then be linked to the actions of the doctor in question, which becomes harder and harder with the amount of time that passes.
Children however are allowed additional time to file a lawsuit, if the negligence occurs prior to their 18th birthday. Typically the law allows until the day prior to their 21st birthday to file a lawsuit. Of course you should speak with an attorney at Snyder & Snyder and not rely solely on the information on this page as there are nuances to each individual case.
If this all seems a bit too confusing for you, you are not alone. This is the reason to consult Maryland medical malpractice attorneys if your situation warrants it, no matter which side of the scalpel you are on. Time is of the essence, and the litigation team of Snyder & Snyder, experienced Maryland medical malpractice attorneys, wants to help you find justice.