Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, when there is a claim against the state, written notice must be presented within one year of the injury. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

In Maryland, an action for personal injury caused by medical malpractice must be filed either within five years from the date of the alleged wrongful act or three years from the date when the injury was discovered. If the claimant is a minor, the statute does not begin to run until the claimant reaches the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. A wrongful death action brought on a medical malpractice theory must be filed within three years after death.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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