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Is It Too Late To Sue? What Is The Status Of Limitations For A Medical Malpractice Claim?

In Maryland, a negligence action generally must be filed by a personal injury attorney within 3 years from the date of injury.

However, an action for damages relating to providing, or failing to provide, professional health care services must be brought within the earlier of 5 years from the date of the act leading to injury, or three years after the injury was discovered.

The injured person must always act with appropriate diligence in pursuing the claim. The clock starts running on the date the Plaintiff or injured person know of the wrongful act. For most cases, this is an easy date to determine, e.g., the date of car accident causing injury. In other cases where the effects might not be felt until down the road, the date on which the clock starts to run can be more difficult to determine. The injured person is charged at all times in acting with promptness in vindicating their potential rights.1 For example, if a person is injured due to an act of medical negligence, and becomes aware if the wrongful act a year after the procedure, they will have three years from that date, not the date of the procedure, within which to file suit. There is an outer limit of 5 years from the date of the act.  The time periods may be extended if a minor is the injured person. An experienced Baltimore personal injury attorney can provide you with the time-frames that apply to your case. 

     -This Article was updated by Eric Kirk on 3/20/19. 

If you've been injured, I'd be honored to personally meet with you to go through the specifics of your claim. This initial legal analysis and case opinion is a complimentary service I offer to my prospective clients. 

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1 Brd. Of Ed. v. Arroyo v. 381 Md. 646 [2004]. 

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