There are legal remedies available when a medical professional commits malpractice.
However, you cannot wait too long to file a malpractice suit or your case may be barred by the statute of limitations.
Key Takeaways
- Maryland limits the time to file malpractice claims: victims generally have three years from discovering the injury or five years from when it occurred—whichever is sooner.
- Minors receive extra time: they typically have until three years after their 18th birthday to file a medical malpractice lawsuit.
- Missing the statute of limitations can end your right to sue: once the filing window closes, victims may lose the ability to pursue compensation altogether.
- Act quickly and seek legal advice early: consulting an attorney helps preserve evidence, determine your exact deadline, and protect your right to justice.
What is the Definition of Statute of Limitations?
In order to determine how long you have to file a malpractice suit, you must first understand the term “statute of limitations.”
A statute of limitations is a law that limits the amount of time that someone has to file a case.
If you are considering suing someone for medical malpractice, you must act quickly before your statute of limitations passes.
General Statute of Limitations For Medical Malpractice
What are the medical malpractice statute of limitations Maryland? The length of time you have to file a medical malpractice case varies depending on your specific circumstances.
Generally, for an adult, the statute of limitations in Maryland for medical malpractice requires a case to be filed within three (3) years from when the Plaintiff reasonably should have discovered the injury, or five (5) years from the date of the injury, whichever is earlier.
Exception for Minors
Generally, depending on the date of the malpractice, a medical malpractice lawsuit on behalf of a minor must be filed within three years of the minor’s 18th birthday.
What Happens If You Miss the Statute of Limitations?
If you attempt to file a medical malpractice case beyond the applicable statute of limitations, you will likely have no recourse for your injury.
For this reason, you should not wait until the last minute to speak with an experienced lawyer about your case.
Contact Our Experienced Medical Malpractice Lawyers Before Your Window to Sue Expires
It is extremely important that you speak with an experienced lawyer immediately if you or a loved one has been injured by medical malpractice.
At Brockstedt Mandalas Federico, we bring our wealth of experience and decades of courtroom knowledge to each case.
Contact us today so we can help you achieve the justice you deserve.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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