When a patient in Maryland suffers harm due to medical negligence, there are legal structures in place that offer pathways to justice. The statute of limitations gives patients either three years from the discovery of the injury or five years from the date it occurred—whichever comes first—according to the Maryland Code, Courts and Judicial Proceedings § 5‑109.
Additionally, the state imposes caps on non-economic damages, such as pain and suffering, which in 2025 will be set at $905,000, with an annual increase of $15,000. Understanding these legal protections is essential to take timely action and pursue rightful compensation.
1. Statute of Limitations and Discovery Rule
Maryland’s discovery rule allows patients to file a claim up to five years after the malpractice event or three years after discovering the injury—whichever is sooner. This can be is especially relevant for cases where harm becomes apparent later, such as surgical errors or misdiagnoses.
2. Special Provisions for Minors and Incapacitated Individuals
Suppose the patient is a minor or mentally incapacitated at the time of the incident. In that case, the statute of limitations is paused until they reach the age of 18 or regain legal capacity. This extension ensures legal access for vulnerable groups.
3. Mandatory Certificate of Qualified Expert
Maryland law requires plaintiffs to file a Certificate of Qualified Expert within 90 days of the initial lawsuit. This certificate must be signed by a licensed medical professional in the same field, stating that the standard of care was breached.
4. Caps on Non-Economic Damages
Under Maryland law, damages for pain and suffering are capped. In 2025, the limit is $905,000 for individual claims and $1,131,250 in wrongful death cases involving multiple beneficiaries. However, there is no cap on economic damages, including medical bills and lost wages, per the Maryland General Assembly.
5. Wrongful Death Claims
In cases where negligence results in a patient’s death, surviving family members may file a wrongful death lawsuit within three years of the date of death. These claims may include both economic losses and non-economic suffering.
In resume, Maryland’s medical malpractice laws are designed to provide fair access to justice while maintaining a balance between accountability and sustainability in healthcare. Knowing your rights, timelines, and the proper documentation required is crucial for a successful claim.
At Stecco Law, we guide patients and families through every step of the legal process. If you suspect you’ve been harmed by medical negligence, contact us today for a free and confidential consultation.