Maryland’s Statute of Limitations for Medical Malpractice Claims Involving Surgery

When dealing with medical malpractice claims, understanding the statute of limitations is crucial for ensuring that your rights are protected. In Maryland, the statute of limitations for medical malpractice cases, especially those involving surgery, is defined by specific legal guidelines.

In Maryland, victims of medical malpractice have a limited time frame within which to file a lawsuit. Generally, the statute of limitations for medical malpractice cases is three years from the date of the injury. This means that if a patient suffers injury due to negligence during surgery, they have three years from the date of the incident to initiate legal action.

It’s important to note that this time frame can complicate matters when dealing with surgical errors. In some instances, symptoms of medical malpractice may not manifest until much later, potentially leading to confusion about when the clock starts ticking. In these cases, Maryland law allows for a discovery rule, which states that the statute of limitations begins when the injured party discovers, or should have reasonably discovered, the injury resulting from the malpractice.

In surgical cases, this could mean that if a complication arises long after the surgery but was caused by the surgeon’s negligence, the three-year limit would start at the time the complication was discovered, not when the surgery occurred. However, this rule also has limits; even under the discovery rule, a medical malpractice claim can’t be pursued more than five years after the negligent act. This means that regardless of when the injury was discovered, the maximum time frame remains five years from the date of the injury.

Maryland also requires that medical malpractice claims be supported by a Certificate of Qualified Expert, which must be filed within 90 days after the claim is submitted. This certificate serves to demonstrate that the claim has merit by verifying that another qualified medical professional agrees the standards of care were not met.

For anyone considering a medical malpractice claim related to surgery, it is paramount to consult with a knowledgeable attorney who specializes in medical malpractice law. They can provide guidance on how the statute of limitations applies to your specific situation and help ensure all necessary documentation is filed within the required time frames.

In summary, Maryland's laws regarding the statute of limitations for medical malpractice claims involving surgery provide specific rules that potential plaintiffs must adhere to. Understanding these rules can significantly impact the ability to seek justice and compensation for injuries sustained due to medical negligence.