A medical malpractice claim in Maryland is based on negligence. When you are injured or harmed due to negligent medical care, you have the right to file a medical malpractice action and recover compensation.
The statute of limitations
As with many legal actions, there is a statute of limitations in Maryland for filing a medical malpractice claim. A statute of limitations is a time limit within which legal action can be filed.
The purpose of a statute of limitations is to ensure prompt initiation of legal actions. This benefits you as a medical malpractice victim since the longer you wait to file a claim the more likely it is that witnesses or valuable evidence is no longer available. Your memory may also not be as fresh as it was if you file the claim as soon as you can.
The statute of limitations in Maryland for medical malpractice claims is generally five years. The statute of limitations starts at the date the injury occurred.
But not all injuries or medical conditions are immediately apparent. Sometimes you believe that medical treatment went well only to experience complications over the years down the road caused by negligence.
The discovery rule
Maryland law recognized this and has created some exceptions to the five-year rule. One exception is the discovery rule. This allows the statute of limitations to start running from the date you discover, or should have reasonably discovered, the injury or harm.
If you file a claim more than five years after the injury or harm and argue that you did not discover the injury until later, the defense could argue that you should have discovered it sooner.
For example, if you start experiencing unexplainable health conditions or suffering from pain years after a medical procedure, you are expected to seek medical treatment and figure out the cause.
If you do not seek treatment to discover the cause of your issues, you may be protected by the discovery rule and be barred from initiating a medical malpractice claim.
Another exception involves minors. If you were a minor at the time of the injury, you have up to three years from the date you become an adult to file a claim.
Why you should file promptly
It is extremely important to file your medical malpractice claim as quicky as you can after being injured or discovering the injury to avoid missing the five-year window. Filing outside of the window could cause your claim to not be considered, meaning you lose out on your chance to recover compensation.
Being unsure if any symptoms or issues you are experiencing is common and understandable. The worst thing you can do in this situation is nothing. Visit a doctor who can help you determine the cause.
If you are still not sure, it might be best to file your medical malpractice claim to preserve your rights. You can then continue with the investigation process and gather evidence to support your case.