Is There a Deadline to File a Maryland Medical Malpractice Lawsuit?

Yes, and adult victims of medical malpractice in Maryland must strictly adhere to the legal deadline if they have any chance to gain restitution for their injuries. According to Maryland’s legal statutes (Maryland Courts and Judicial Proceedings Section 5-109[a]), a plaintiff must file his or her claim either three years from initial discovery of their injuries, OR five years from the point in time at which he or she received that injury, whichever is shorter.

The law also provides for some deadline allowances based on whether the victim is a minor or if the injury was birth-related; however, in all cases the victim or her representative must file a claim with the Maryland Health Care Alternative Dispute Resolution Office prior to any court action and according to the state’s statute of limitations provisions.

As professional personal injury attorneys, Lebowitz & Mzhen, LLC, strongly recommends that victims not wait too long before speaking with a medical malpractice expert. Once it is established that a doctor or hospital failed to meet the appropriate standard of care, the plaintiff’s attorneys must show that the failure was the direct cause of the victim’s injuries.

It has been found that the standard of care expected of medical professionals can be breached in one or more ways. These can include a variety of scenarios such as:

• Delay in diagnosis
• Surgical error
• Prescribing the wrong course of treatment
• Birth trauma or injury
• Anesthesia error
• Failing to remove surgical hardware from the victim’s body

The legal staff at Lebowitz & Mzhen understands that medical malpractice injuries are often serious and can even result in life changing complications or death. In certain cases, the victim’s relatives may be able to claim loss of consortium, which recognizes the loss of love, support and companionship that a family member suffers as a result of their loved one’s injuries or death.

If you or a loved one has suffered from the effects of negligent medical care, the legal professionals at Lebowitz & Mhzen are well prepared to assist with your case. Please feel free to contact us today to set up a free initial consultation to discuss your medical malpractice claim.