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Every personal injury case, including medical malpractice claims, has a deadline. This deadline, known as the statute of limitations, exists to protect everyone involved in the civil lawsuit. If too much time passes, evidence can disappear, witnesses’ memories may fade, and documents may be lost or destroyed. Maryland’s statute of limitations for personal injury ensures that justice is served.
While the statute of limitations benefits the legal system and everyone involved in an individual case, the time limitations can be frustrating for the injured person. What if it takes you time to realize you have a legitimate compensation claim? What if you can’t bring a lawsuit in time due to circumstances beyond your control?
This article will break down Maryland’s statute of limitations laws, extenuating circumstances, and how to file your medical malpractice claim properly and on time. At Regan Zambri Long, we equip our clients with as much knowledge about their cases as possible. When you work with our law firm, no question is off limits, and your medical malpractice attorney will be available to provide the necessary answers. We offer a free consultation where we will listen to your story, assess your claim, and discuss your legal options. Call today to get the process started.
Generally speaking, Maryland’s statute of limitations to file a lawsuit begins when the medical injury occurs or is discovered. For example, if a doctor left a sponge inside of you during surgery, leaving you with pain in the area, the statute of limitations begins the day an x-ray confirms the medical tool was still inside your body. Of course, there are exceptions to Maryland’s time limit, which we will discuss below.
While they fall under personal injury, claims against doctors or hospitals are more complicated with different laws and regulations. Before you do anything, it is in your best interest to consult an experienced attorney to act as your legal guide and champion. Your medical malpractice attorney will build a compelling case in your favor, maximizing your recoverable compensation.
Here are the steps you’ll take to file a successful claim of negligence:
As briefly discussed, Maryland requires a “Certificate of a Qualified Expert” for all medical malpractice claims. The Certificate of a
Qualified Expert is a statement made by another medical professional who has expertise in the field of medicine involved in the case. The certificate establishes that the qualified expert reviewed the plaintiff’s case and determined that there is malpractice. This document must be filed within 90 days of filing your medical malpractice suit.
The certificate will contain three things:
The medical professional who signs the Certificate of a Qualified Expert must have recent experience treating patients, advising other doctors, or teaching in that same area of medicine as the defendant.
For example, a cardiologist may be the expert for a medical malpractice claim about another cardiologist. But that same cardiologist may not be the expert for a claim against an orthopedic surgeon. In most cases, the qualified expert must also be board-certified in the relevant area of medicine.
Per Maryland’s medical malpractice law, instead of filing a claim and going straight to court, you must first file with the Health Care Alternative Dispute Resolution Office (HCADRO) for mandatory arbitration. If you file a claim without filing with HCADRO and going through the arbitration process, your medical malpractice lawsuit may be dismissed altogether.
Arbitration is a procedure in which a dispute is submitted to one or more arbitrators who decide on the dispute. It’s like a mini-trial, but you have a neutral panel of people who act as referees instead of judges. They listen to both sides and decide how to resolve the claim.
In medical malpractice cases, you’ll have a non-binding hearing with an arbitration panel of three people: an attorney, a healthcare provider, and a public member. The panel will examine the evidence and determine if the physician is liable for damages. They will also decide how much compensation the victim should be awarded.
Both you and the defendant have 30 days to appeal the panel’s decision and take your case to trial. In this case, a judge or jury will decide the outcome of the claim. Additionally, one or both parties may obtain an arbitration waiver, releasing both parties from the requirement to go through arbitration. If arbitration is waived, the claim heads straight to trial.
An injured victim in a medical malpractice case has five years from when the injury was committed or three years from when the injury was discovered to file a lawsuit against the negligent doctor or hospital.
There are two main exceptions to Maryland’s statute of limitations:
The discovery rule applies to different circumstances in medical malpractice claims. For example, an injured patient may not experience pain or illness for years after the doctor’s initial negligent actions.
Similarly, suppose someone is severely injured and unable to understand the situation. In that case, the statute of limitations may not begin until the injured individual regains consciousness or the capacity to understand what happened to them.
Of course, there are limits to these extenuating circumstances. Even with the discovery rule, there is an overall maximum of five years from the date of the malpractice to file a claim. A medical malpractice attorney will be able to assess the specific details of your injury and determine if the discovery rule or other exceptions might apply.
In the cases of birth injury, the statute of limitations does not begin until the child turns 18 years old. At 18, the injured child has three years to file a medical malpractice lawsuit against the negligent doctor or medical facility.
Before the child turns 18, the parents can file a medical malpractice claim for compensation for medical bills, lost income, and other expenses.
As we mentioned, Maryland law recognizes that children can’t always advocate for themselves. The statute of limitations for medical malpractice cases for minors is different. Depending on the nature of the injury, the clock typically starts ticking when the child reaches age 11 or 16.
This gives them until their 18th birthday, or three years after discovering the malpractice harm, whichever is later, to file a claim.
Facing a medical malpractice injury can be overwhelming. At Regan Zambri Long, we firmly believe victims of medical malpractice should focus on a full recovery while we take on the fight for compensation.
Our medical malpractice lawyers have a proven record of securing fair client results. We have won millions for victims of medical malpractice, including an $11 million settlement against a hospital for failing to perform a pregnancy test on a patient before admitting her for heart surgery.
Our medical malpractice attorneys understand Maryland’s complex legal and court system. We will work tirelessly to develop a winning legal strategy and secure a settlement or verdict in your favor. Don’t let time run out on you – call today for a free case evaluation.
