Medical Malpractice Statute of Limitations in Maryland

Lawsuits involving compensation for an injury must be filed within a certain time period following the accident or event. This is called the statute of limitations and every state determines its own laws regarding this time period. In Maryland, the statute of limitations for filing a medical malpractice lawsuit is five years following “the alleged wrongful act or omission.”

In some cases, such as a medication dosing error, the timing of the alleged wrongful act may be easy to pinpoint. It will be in your medical records. Similarly, if your doctor failed to order an appropriate medical test during a scheduled check-up and you subsequently developed a preventable condition or illness, this course of events will be on record.

Other cases are not so clear-cut. There are situations when a patient does not realize a medical error has occurred until the five-year statute of limitations has run out. Therefore, Maryland law also allows plaintiffs to file a medical malpractice claim “three years from the time the alleged injury was discovered.” There are also different limitations on cases involving minors. Wrongful death medical malpractice lawsuits must be filed within three years.

Compared to other states, Maryland has a generous statute of limitations and discovery rule. That said, it is always advisable to contact a reputable Maryland medical malpractice attorney as soon as possible if you suspect that negligence contributed to your injury.  The sooner your lawyer can secure your medical records and begin investigating your case, the better. Contact LeViness, Tolzman & Hamilton, P.A. today.