What Is the Statute of Limitations for Medical Malpractice in Maryland?
In Maryland, the statute of limitations for medical malpractice is generally 3 years under Md. Code, Cts. & Jud. Proc. § 5-109.
Medical malpractice Deadlines in Maryland
How long do you have to file a medical malpractice claim in Maryland?
In Maryland, the statute of limitations for medical malpractice is generally 3 years under Md. Code, Cts. & Jud. Proc. § 5-109.
When does the clock start for medical malpractice in Maryland?
The earlier of five years from the date the injury was committed, or three years from the date the injury was discovered.
Can the Maryland deadline for medical malpractice be extended?
Whichever expires first controls, so a late-discovered injury can be barred at five years even though the three-year discovery clock has not run. Separate and longer rules apply where the claimant was a minor at the time. A certificate of qualified expert is required.
Is the deadline different if the claim is against the government in Maryland?
Often, yes. Notice within 1 year (LGTCA) or 1 year (MTCA) under Md. Code, Cts. & Jud. Proc. § 5-304; State Gov't § 12-106. The Local Government Tort Claims Act requires written notice to the local government within one year of the injury under Cts. & Jud. Proc. § 5-304. Claims against the State under the Maryland Tort Claims Act require submission to the Treasurer within one year…
How does Maryland compare to other states for medical malpractice?
Maryland's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Maryland:
