Maryland Medical Malpractice Statute of Limitations

Medical malpractice suits can be filed by patients who are injured due to the negligent actions, or by the negligent failure to act, of a health care provider who does not meet the standards for medical care acceptable in that medical community.  The injuries can be small or large, up to and including wrongful death.  These lawsuits must be filed, however, within the statute of limitations of the state in which the injury occurs, which can be anywhere from 1 to 6 years.  In Maryland, the basic statute of limitations is 5 years, barring some of the exceptions specified in state laws.

Time Limits for Filing a Claim in Maryland

Although the statute of limitations for medical malpractice lawsuits in the state of Maryland is 5 years, if an injury is not detected immediately, the victim has 3 years from the date, which it is detected to file suit.  For minors who suffer from a medical malpractice injury, the statute of limitations begins on their 11^th birthday.  Not only that, but minors 15 years old and younger who suffer a reproductive injury or one from a foreign object left in their body due to negligence, have the full statute of limitations filing period of 5 years, beginning on their 16^th birthday, to file a claim.   For wrongful death cases due to medical malpractice, the statute of limitations is 3 years.

Negligence Laws

Maryland’s negligence laws contain some of the longer statute of limitations periods for filing medical malpractice claims.  They also vary significantly by type of claim and plaintiff.  While the time for filing medical malpractice claims may seem sufficient, due to the complexity of the laws and the variety of conditions to decipher, it is important to determine as quickly as possible if you have a claim and begin compiling a case for that claim.  The statute of limitations deadline can arrive sooner than you think.  Some specific statutes for Maryland negligence laws are found in the following table:

Award Limits in Maryland

The state of Maryland has a unique statute concerning award limits in medical malpractice cases.  The base limit set in 2005 was $650,000 for non-economic damages.  However, that limit is raised, by statute, $15,000 annually beginning January 1^st of each year.

Legal Help

With complicated award limits and statutes of limitations, states like Maryland require a great deal of knowledge about state laws and requirements.  In most cases there is just too much to grasp to attempt to file a medical malpractice or wrongful death case without the help of an experienced attorney.  They can provide the advice and the skill to make sure a case proceeds on target to beat the statute of limitations and falls within all the negligence parameters of Maryland state laws.