Medication errors often cause devastating injuries and even death. If a medication error injured you, our lawyers can help recover compensation from those responsible.
Healthcare providers cause most medication errors, but pharmaceutical companies can also negligently manufacturer medications. In most cases, victims have three years to file a claim, but might have more time if they could not reasonably discover the error before time ran out. If your claim is against a healthcare provider, we can help with every phase of the dispute resolution process, including obtaining a certificate from a qualified expert to support your claim and negotiating during arbitration. We can then file a lawsuit if we cannot settle your case during arbitration.
For your free case review from our medication error attorneys, call us at Rice Law at (410) 694-7291.
The Statute of Limitations on Medication Error Claims in Columbia, MD
One of the main challenges in any injury claims for medication errors is determining how long victims have to file their cases. Statute of limitation deadlines will differ depending on the defendant being sued and when the error was discovered.
Our medication error attorneys can explain the process for suing healthcare providers and pharmaceutical companies and prepare your case before the deadline passes. If your claim is not filed by the required date, you will not be compensated for any of your damages.
Claims Against Healthcare Providers
One deadline under Md. Code Cts. & Jud. Proc. Art., § 5-109(a), the medical malpractice statute of limitations, to file a claim against a healthcare provider is five years from the date they caused your injuries.
Alternatively, you have three years from the date you discovered the error if you were unaware of the error when the defendant caused it. However, we must show that the error could not be discovered with ordinary diligence.
Whichever date is sooner will be the limitations period that applies.
Claims Against Pharmaceutical Companies and Pharmacies
Pharmaceutical companies and community pharmacies are not considered healthcare providers in Maryland, so a different statute of limitations applies. Under § 5–101, you have three years from the date that you were injured to file a product liability lawsuit.
The discovery rule might also apply in this situation if you discovered the medication error later, but let our team review your case’s facts to know for sure.
Filing Deadlines on Claims Involving Children Injured by Medication Errors in Columbia, MD
Filing deadlines will also differ for injured children, who are common victims of medication errors, depending on their age and type of claim they are filing.
Children younger than 11 will have the same limitations period as above to file a medical malpractice claim, but it does not start running until they turn 11, as per § 5-109(b).
If a healthcare provider’s medication error injured a child older than 11 but younger than 16, the time limitations will not commence until they reach 16, according to § 5-109(c)(2).
For children injured by a pharmaceutical company’s or pharmacist’s negligence, the statute of limitations will be paused until they turn 18 years old under § 5–201(a). They then have three years to file a claim after turning 18.
Extending the Limitations Period in a Columbia, MD Medication Error Claim
The above limitation periods can also be extended in other situations.
For instance, those with disabilities might have the statute of limitations tolled until the disability is removed, at which point, they will have three years to file a lawsuit.
Under § 5–203, the time limit can also be paused if the liable party fraudulently kept knowledge of the medication error from the victim. The clock will start ticking again once the fraud is discovered.
Starting a Medical Malpractice Claim for Medication Errors in Columbia, MD
Most medical malpractice claims are notoriously complex, often requiring a great deal of evidence and witnesses. Since even a relatively straightforward case can be an expensive, time-consuming burden on the court, you cannot immediately file a lawsuit against a healthcare provider. Instead, these claims must first start with the alternative resolution process.
The Alternative Dispute Resolution Process
To start a medical malpractice claim, you must file with the Health Care Alternative Dispute Resolution Office. They will oversee the initial settlement process in an effort to avoid court.
The Arbitration Process
After you claim is filed, you must participate in mandatory arbitration. A three-person panel, which includes a healthcare provider, and attorney, and a member of the public, facilitates the arbitration.
They will review evidence, hear arguments, and help guide the parties to a settlement each finds satisfactory. Fortunately, you do not have to accept the arbitration panels decision if they find against you or it does not cover your damages. If you reject the final decision, we can move forward by filing your lawsuit.
You can also waive the arbitration for good reason.
Filing Certificates of Qualified Experts in Columbia, MD Medication Error Cases
You must also file a certificate from a qualified expert supporting your claims with the Health Care Alternative Dispute Resolution Office within 90 days of filing your claim under § 3–2C–02.
A qualified medical expert, usually in the same field as the defendant, must swear under oath that the negligent healthcare provider deviated from the accepted standard of care and it caused your injuries.
If you do not file a certificate from a qualified expert, the court will likely dismiss your case, but without prejudice, meaning we can refile if time remains under the statute of limitations.
Each defendant must also submit certificates from their own experts to fight the claims. If they fail to file a certificate, the court can assume that they are not fighting liability, greatly improving your chances of recovering compensation.
After all the evidence has been collected during discovery, we must file another certificate reasserting our claims and the compensation we are requesting.
Call Our Medication Error Lawyers in Columbia, MD to Start Your Claim
Contact Rice Law at (410) 694-7291 for a free case review with our medication error lawyers.