Lawyers are sometimes contacted by former patients who suffered terrible injuries at hospitals or clinics. Sadly, when patients leave it too long to sue, the statute of limitations on medical malpractice claims in Maryland comes into play.
The statute of limitations on medical malpractice claims in Maryland is very important. No matter how strong your case is or how badly a hospital treated you, you have no legal redress if you run out of time. Some patients do not realize this. They try to soldier on and hope they will get better. Then, at some point in their lives, they suffer a setback and realize they should have sought compensation from a hospital or a doctor. Often it is too late. If you believe you were harmed by a doctor, a nurse, an anesthesiologist, a GP, a pharmacist, or another medical professional, you should be mindful of the statute of limitations deadline. Do not wait until the last minute when the clock is ticking.
For a free case evaluation with our Maryland medical malpractice attorneys, call Rice, Murtha & Psoras at (443) 251-3497 today.
Deadline for Filing a Medical Malpractice Claim in Maryland
The deadline for most personal injury lawsuits is fairly straightforward. The lawsuit must be filed within three years of the act that caused the injury, whether it is a car wreck or a fall. Maryland allows longer than many states, but three years goes fast.
This can be particularly detrimental to a victim in a medical malpractice case. While you know if you had a car crash, you may not realize a doctor made a wrong diagnosis or left a surgical sponge inside you for months or even years. A few rules in Maryland can help the victims of medical mistakes extend their deadlines. They are:
The Continuous Treatment Rule
If the patient is being treated for an ongoing condition, the statute of limitations time period starts at the end of the course of treatment. This is important because patients can undergo treatment for conditions like cancer over several years. It would be unfair for a hospital to argue that the statute of limitations began at the time the doctor made an error early in treatment.
The Rule on Discovery
If a surgeon leaves an instrument or a surgical sponge in a patient, the victim may not realize the clinician made an error at the time of the operation. Most surgeries are conducted without complications, and patients generally trust medical professionals. The patient often only realizes the mistake weeks or months later when telltale symptoms arise. Another example of the discovery rule is if an oncologist spots a tumor in a patient. It could be cancerous, but he fails to inform the patient or other medical professionals. Three years later, the patient is diagnosed with cancer. In some states, the statute of limitations would have expired, meaning the patient was unable to sue the doctor for failing to diagnose cancer. In this case, the victim would have three years from the date that the hospital diagnosed her cancer. However, a patient should be aware that medical malpractice lawsuits must be filed within five years of the date of injury, notwithstanding the rule of discovery. The hospital might argue that the patient only has two years to bring a lawsuit.
The example raises a very real question as to what constitutes an injury. Does a failure to diagnose a cancer amount to an injury, or does a surgeon have to cause physical harm?
The justices considered this question in Edmonds v. Cytology Services of Maryland Inc., a 1995 case in the Court of Special Appeals of Maryland. This was a tragic medical malpractice action. A woman died in her 30s in 1990 following a misdiagnosis that missed her cancer in 1983. the hospital argued that the misdiagnosis constituted the injury. Therefore, the statute of limitations to sue had run out. The judges disagreed that the misdiagnosis injury was the same as an injury under the statute of limitations. They ruled an injury was not ‘committed’ unless, “as a proximate result of the wrongful act, the patient sustains damages.”
Obviously, cases in which a surgeon botches an operation are more cut-and-dry examples of an injury. Maryland’s discovery rule means the clock does not start ticking toward the statute of limitations cutoff until the victim knows of the harm or should have known of the harm. Maryland assumes the victim should seek help if he or she experiences discomfort or pain. Failure to do so can mean missing the window to file a lawsuit. If you underwent surgery or another medical procedure and something feels wrong, it is incumbent on you to get checked out.
Concealing Evidence of Medical Malpractice
In medical malpractice cases where a defendant intentionally hides their negligent conduct, the statute of limitations would also not start to run until the victim discovers it. In these types of cases, the same discovery rules would apply, meaning that the clock will start to run when an individual has discovered or should have reasonably discovered the concealed injury.
For instance, if you experienced pain after a procedure or operation, and the physician who originally treated you discovered a mistake after further examination, they might conceal it to save them from a lawsuit. Unfortunately, you might discover this much later, after more damage and pain have been caused.
Suing a Doctor for Errors and Mistakes in Maryland
As a rule of thumb, you must bring medical malpractice lawsuits within five years of the date of the injury or three years from the date when the injury was reasonably discoverable.
What is the Statute of Limitations for Medical Malpractice Claims in Maryland for Minors?
The law regarding time limits for minors is different in Maryland. The statute of limitations on claims for children does not begin to run until the minor reaches 11 years of age. If the case involves a foreign object left in a minor, the minor has until the age of 16 to file suit under Maryland medical malpractice law.
Statute of Limitations for Wrongful Death from Medical Malpractice in Maryland
On occasions, the mistake of a doctor, a specialist, a nurse, an anesthesiologist, or another medical professional leads to the death of a patient. The statute of limitations in the cases is typically three years from the date of death. Under wrongful death actions in Maryland, the estate or family members of the deceased may sue for medical expenses and pain endured by the decedent. The loved ones may sue for pain and suffering caused by the loss of the decedent.
In the case of Susan Mummert, et al. v. Massoud B. Alizadeh, lawyers for the doctor argued that medical malpractice rather than the wrongful death statute of limitations should apply in a medical misdiagnosis case. The court ruled that Maryland’s wrongful death statute was the relevant legislation, and the family of the dead woman had three years to sue from the date of her death.
Who Can File a Wrongful Death Lawsuit from Medical Malpractice in Maryland Before the Statute of Limitations Runs?
The number of potential beneficiaries subject to the wrongful death statute of limitations may vary based on which relatives outlived the deceased. Under Maryland law, every eligible individual has the authority to pursue an independent wrongful death lawsuit. As a result, it is crucial for all family members who may file such a claim to be cognizant of the statute of limitations, as overlooking the deadline could have adverse consequences on their personal legal entitlements.
Per Md. Code, Cts. & Jud. Proc. Art., § 3-904(a)(1), the deceased’s spouse, parent, and children each possess an individual and distinct right to initiate a wrongful death lawsuit for medical malpractice against the healthcare practitioner responsible for their loved one’s untimely passing. While family members are allowed to file a wrongful death claim autonomously without involving other beneficiaries, the family member filing a claim must inform all other eligible individuals about the forthcoming legal proceedings.
The wrongful death statute of limitations for Maryland medical malpractice cases also has consequences for other non-immediate relatives of the deceased, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(b). In cases where the deceased has no surviving spouse, child, or parent, any individual related to the deceased by blood or marriage has the right to file a wrongful death claim for medical malpractice. However, their eligibility is determined by whether they were significantly reliant on the deceased during their lifetime.
Are There Caps on Damages in Maryland Malpractice Cases?
Even if your case is filed on time under the applicable statute of limitations and your lawsuit is successful, it will still be subject to Maryland’s damages cap. While it is arguably unfair, pain and suffering damages, also known as non-economic damages, are capped at $875,000, where one person is making a claim under Md. Code, Crts. Jud. Proc. Art., § 3-2A-09. This means that this will be all that is awarded, even if a court wants to give you more.
If a medical malpractice case involves two or more claimants, the cap is increased by 125% of the standard limit, which comes out to $1,093,750. Fortunately, the cap on non-economic damages in medical malpractice cases increases as a matter of law by $15,000 on the first of every year.
In the event medical malpractice leads to a wrongful death, the cap on pain and suffering is $920,000 when one person is making a claim. This cap also increases by $15,000 but on October 1st of every year. If there are two or more claimants, the cap increases to $1,380,000 per Md. Code, Crts. Jud. Proc. Art., § 11-108(b)(3)(ii).
Maryland’s cap on non-economic damages also applies to survival actions in a medical malpractice case. Like wrongful death cases, the cap for survival actions is currently set at $920,000. However, a wrongful death and survival action can be brought simultaneously against a negligent healthcare provider, which would put the cap at $2,300,000 for non-economic damages.
Why You Should Hire a Medical Malpractice Attorney in Maryland
Medical malpractice cases are among the most complex and sensitive types in Maryland, often involving life-altering consequences for victims and their families. To navigate this challenging landscape and get the compensation you deserve, it is crucial to work with a skilled attorney. There are numerous benefits and advantages of having our team on your side.
Knowledge of Medical Malpractice
Medical malpractice cases require a deep understanding of both legal and medical issues, as they often involve intricate medical procedures, treatments, and terminology. Without someone with the right expertise, it can be incredibly difficult to understand the complexities of a given case. Moreover, medical malpractice cases can be emotionally charged, as they often involve significant physical and emotional suffering. Attorneys in other fields of practice will likely not have the capacity to handle such challenging cases.
Your attorney will be able to analyze medical records, identify deviations from standard procedures, and develop a robust strategy tailored to the circumstances of your case. With their knowledge, they can pinpoint the exact instance where negligence or misconduct occurred, further strengthening your case and increasing your chances of success.
Collecting and Presenting Evidence
Medical malpractice cases typically hinge on the quality and presentation of evidence. An experienced attorney knows how to gather, analyze, and present this evidence effectively to build a case with the best chances of winning. Working with a general personal injury attorney in such complex cases will likely lead to missed opportunities, errors, and potentially unfavorable outcomes. Our team has years of experience in evidence collection and how best to present it to a jury, significantly increasing your chances of recovering compensation.
Working with Medical Experts
A successful medical malpractice case often relies on the testimony and insights of medical experts. Fortunately, our firm is well-connected and has an extensive network of relationships with medical professionals throughout Maryland who can provide valuable input and expert opinions. Medical experts are often necessary to substantiate claims of negligence, identify breaches in the standard of care, and bolster your case.
The credibility of these expert witnesses can significantly impact the outcome of your case, making it all the more crucial to have the right experts testify in your case. With the complexity of medical records, diagnoses, and opinions, and can be nearly impossible to prove a case without a medical expert on your side. Without the technical knowledge of a medical expert and your attorney, a jury will likely not understand how the malpractice occurred and how the defendant’s training contributed to it.
Talk to a Maryland Medical Malpractice Lawyer About Your Case
Contact our experienced Baltimore medical malpractice attorneys at Rice, Murtha & Psoras at (443) 251-3497 to schedule a free case review.