Patients expect safe care from healthcare providers, but negligence can lead to devastating injuries and significant losses. To pursue a medical malpractice claim in Maryland, you must navigate strict deadlines and specific procedural requirements. Please keep reading to understand the applicable statute of limitations and discover why partnering with a qualified Prince George’s County Medical Malpractice Lawyer is vital for the success of your case.
What is the Statute of Limitations for Medical Malpractice Claims in Maryland?
Under Maryland Statute § 5-109, medical malpractice claims must be filed within the earlier of five years from the date the injury was committed or three years from the date the injury was discovered, or reasonably should have been discovered.
Since the statute stipulates that the earliest applicable deadline prevails, the three-year discovery rule effectively governs most cases. The five-year statute of repose functions as a final cutoff for claims that involve latent injuries discovered at a much later date.
It’s a common misconception that claimants have the full five years to file. If you discover an injury sooner, that three-year clock usually runs out way before you hit the five-year cutoff. Determining which deadline applies to you can be difficult, making it important to consider the unique circumstances.
Is Arbitration Required?
Maryland law requires medical malpractice claims to be filed first with the Health Care Alternative Dispute Resolution Office (HCADRO). This filing pauses the statute of limitations clock. Key requirements include:
- You must file a Certificate of Qualified Expert within 90 days of filing to avoid dismissal.
- If you fail to file the certification within this window, it will result in the dismissal of your case.
- Either party may waive arbitration, but a written election must be filed within 60 days of the defendant’s expert certifications.
- Once waived, you have 60 days to file your official court complaint.
What Happens If the Case Involves a Child?
While Maryland used to have specific rules for minors, the Maryland Court of Appeals eliminated those provisions for being unconstitutional. Therefore, if someone was a minor when the malpractice occurred, the clock on their case doesn’t start ticking until they turn 18. Even though this provides families with more time than adults, you still have to follow the rules regarding expert certificates and filing with the HCADRO once you’re ready to start the legal process.
As you can see, navigating a Maryland medical malpractice claim is complex. If you believe that medical negligence has affected you or a loved one, prompt action is crucial to protect your rights. Connect with an attorney from McCarthy, Winkelman & Mester, L.L.P. today to schedule a free consultation.
