One of the most common — and most devastating — mistakes a potential malpractice claimant can make is waiting too long to act. In Maryland, strict legal deadlines govern when a medical malpractice claim can be filed. Once those deadlines pass, even the strongest case can be permanently barred if the hurt patient waits too long. Understanding how these time limits work is critical to protecting your rights.
Speaking with an experienced medical malpractice attorney like the team at Brockstedt Mandalas Federico can help you understand how Maryland’s legal limits may or may not apply to your specific case.
Maryland’s Statute of Limitations for Medical Malpractice
Maryland law generally requires that a medical malpractice claim be filed within five years of the date the injury occurred or three years from the date the injury was discovered — whichever comes first. This is known as the statute of limitations, and it applies to most adult claimants in the state.
In practice, the “discovery rule” matters more than many people realize. You may not immediately know that a medical error caused your harm. Perhaps a misdiagnosis went undetected for months, or complications from a surgical error didn’t surface until well after your procedure. Maryland courts have recognized that the clock starts running when you knew — or reasonably should have known — that an injury may have resulted from negligence.
Special Rules for Minors
When the injured patient is a minor, different rules apply. In Maryland, a child who is harmed by medical negligence generally has until their 21st birthday to file a claim, regardless of when the injury occurred. This extended window acknowledges that parents may not always pursue legal action on a child’s behalf, and that some injuries, particularly birth injuries, may not be fully apparent until a child reaches developmental milestones.
Why Waiting Is Risky
Even when the statute of limitations hasn’t technically expired, waiting too long creates serious practical problems. Medical records can become harder to obtain or may be incomplete. Key witnesses’ memories fade. Expert witnesses who could testify on your behalf may no longer be available. The longer you wait, the more difficult it becomes to reconstruct what happened and build a compelling case.
Maryland malpractice claims also require a certificate of a qualified expert before a lawsuit can proceed — a process that takes time to complete properly. Starting early gives your legal team the runway needed to investigate thoroughly and meet every procedural requirement.
Don’t Assume You’ve Waited Too Long
Many people contact our office believing their window has already closed — and are surprised to learn otherwise. The discovery rule, minor exceptions, and other legal nuances mean that the deadline isn’t always as straightforward as it appears. The only way to know for certain is to speak with an experienced Maryland medical malpractice attorney.
If you believe you or a loved one was harmed by medical negligence, don’t let uncertainty about timing stop you from seeking answers. The sooner you reach out, the better positioned you’ll be to understand your options and protect your right to pursue justice. Experienced medical malpractice attorneys can help you evaluate the specifics of your case and help you determine your next steps.
This post is written by Tim Fisher who is a partner at Brockstedt Mandalas Federico, where he leads the firm’s medical malpractice team.
Timothy D. Fisher is a partner at BMF. His practice centers on the representation of individuals in cases of medical negligence, wrongful death, birth injury, and catastrophic personal injury. He has extensive experience in medical malpractice and healthcare law, having handled all aspects of litigation from pre-suit analysis through trial and appeal.
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