Medical Malpractice Rules in Maryland
The deadline to file a medical malpractice claim in Maryland, the discovery rule, and caps on damages.
Short answer: A claim against a health care provider must be filed within the earlier of five years from when the injury was committed or three years from when the injury was discovered. Md. Code, Cts. & Jud. Proc. § 5-109
| Medical malpractice deadline | A claim against a health care provider must be filed within the earlier of five years from when the injury was committed or three years from when the injury was discovered. If the patient was under 11 when injured, the time starts at age 11 (age 16 for injuries to the reproductive system or from a foreign object left in the body). Filing a claim with the Health Care Alternative Dispute Resolution Office counts as filing the action. |
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| Medical malpractice caps | Yes. For medical malpractice causes of action arising on or after January 1, 2005, noneconomic damages were capped at $650,000 for 2005–2008, increasing by $15,000 every January 1 starting in 2009. The cap that applies depends on the year the cause of action arose. The cap applies in total to all personal injury and wrongful death claims from the same medical injury; if a wrongful death case has two or more beneficiaries, the total may not exceed 125% of the cap. Past medical expenses are limited to amounts actually paid or owed. |
More Maryland personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maryland
- Wrongful Death Lawsuits in Maryland
- Car Accident Claims in Maryland
- Dog Bite Liability in Maryland
- Motorcycle Accident Claims in Maryland
- Pedestrian Accident Claims in Maryland
- Bicycle Accident Claims in Maryland
- Uber and Lyft Accident Claims in Maryland
- Truck Accident Claims in Maryland
- Construction Site Injuries in Maryland
- All Maryland personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Maryland?
A claim against a health care provider must be filed within the earlier of five years from when the injury was committed or three years from when the injury was discovered. If the patient was under 11 when injured, the time starts at age 11 (age 16 for injuries to the reproductive system or from a foreign object left in the body). Filing a claim with the Health Care Alternative Dispute Resolution Office counts as filing the action.
Is there a cap on medical malpractice damages in Maryland?
Yes. For medical malpractice causes of action arising on or after January 1, 2005, noneconomic damages were capped at $650,000 for 2005–2008, increasing by $15,000 every January 1 starting in 2009. The cap that applies depends on the year the cause of action arose. The cap applies in total to all personal injury and wrongful death claims from the same medical injury; if a wrongful death case has two or more beneficiaries, the total may not exceed 125% of the cap. Past medical expenses are limited to amounts actually paid or owed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.