Malpractice Claims And Tolls To The Statute Of Limitations

Like most states, Maryland has specific statutes of limitations that govern how long you have to take legal action after an injury. These time limits are in place to ensure that claims are handled promptly and accused parties have a fair opportunity to defend themselves. But navigating these time limits can be complex, and missing the deadline could mean losing your right to pursue compensation. Talk to a Baltimore personal injury lawyer about the statute of limitations for medical malpractice claims and possible exceptions.

Maryland’s Statute of Limitations for Medical Malpractice

In Maryland, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date the injury occurred or the date the injury was discovered. This means that if you are harmed due to a doctor’s negligence, you typically have three years to file a lawsuit against the healthcare provider responsible.

While the timelines may initially seem clear cut, in cases where the injury was not immediately apparent discovery rules could come into play. For instance, if a surgical instrument was left inside your body, or you only realized years later that you were misdiagnosed, you have three years from the date you discovered or should have reasonably discovered the harm. This rule is designed to account for situations where the harm is not immediately visible or known.

Also, there are specific situations where the statute of limitations can be tolled (paused), extending the time you have to file a claim. Some of these include:

• Minor children. If the injured person is a minor (under 18), the statute of limitations is paused until the minor turns 18. This allows the child to file a claim once they reach adulthood.
• Mental incapacity. When the injured person is mentally incapacitated and unable to understand or manage their legal rights, the statute of limitations may be tolled until the individual regains capacity.
• Fraud or concealment. If the healthcare provider deliberately concealed their malpractice or committed fraud to prevent the discovery of the injury, the statute of limitations may be extended.

Attempting to file a medical malpractice claim on your own without the help of an attorney can lead to significant challenges. Medical malpractice cases require a detailed understanding of both medical and legal processes.

The Risks of Not Having Legal Support

Even slight mistakes in filing a malpractice claim can jeopardize your case. And, these cases often require expert testimony to establish that the healthcare provider’s actions deviated from accepted medical standards. An experienced attorney can identify and work with the right experts to strengthen your case.

Additionally, with so many factors that can affect the statute of limitations, it’s easy to miss a critical deadline. A Baltimore personal injury lawyer will ensure that your claim is filed within the proper time frame, protecting your right to recover damages.

Could you benefit from legal support? The legal team at Iamele & Iamele, LLP knows how to navigate the settlement process, negotiate with insurance companies, and litigate if necessary to secure a full and fair recovery for you. Contact us to book your confidential appointment.