Takoma Park Medical Malpractice Attorneys

How Long Do I Have to File a Medical Malpractice Lawsuit in Maryland?

Under Maryland law, you generally must file a medical malpractice lawsuit within three years of the date you discovered your injury, or within five years of the date the alleged negligence occurred, whichever date comes first. This five-year “statute of repose” creates a strict outer limit, meaning that you essentially lose the right to file a claim after five years pass from the initial incident, even if you only discovered the resulting harm recently. 

While this standard time limit applies to many cases, the state makes specific exceptions that can extend the deadline for minors and in several other scenarios. These include instances where the alleged negligence involves “continuous treatment” or the deliberate and fraudulent concealment of a medical error. 

Because missing the applicable deadline generally bars you from seeking justice or recovering compensation, we recommend reviewing the specific timeline that applies to your case with our team at Antezana & Antezana, LLC. as soon as possible. Remember, we can review your rights and legal options at no cost to you.

Common Forms of Medical Malpractice

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, surgeon, or medical facility, fails to meet the accepted “standard of care,” resulting in harm to a patient.In legal terms, the standard of care refers to the level of competence and caution that a reasonably skilled medical professional in the same field would provide under similar circumstances. 

It is important to understand that a negative medical outcome or a treatment that did not work does not automatically constitute malpractice. Instead, we must be able to demonstrate that the provider made a preventable error that a competent professional would have avoided, and that this specific error directly caused your injury.

Our attorneys are prepared to take on cases involving many types of medical malpractice, including:

• Misdiagnosis or delayed diagnosis. Obtaining a timely and accurate diagnosis is crucial in receiving proper medical care. However, sometimes doctors fail to diagnose a serious condition, or they may diagnose the wrong illness, leading to unnecessary or even harmful treatments. When a correct diagnosis is delayed, it can result in a missed opportunity for treatment that could prevent serious harm or even save a patient’s life. 
• Surgical errors. Surgery always carries risk, but some risks are unanticipated and preventable. Surgical errors can range from operating on the wrong body part or patient to leaving surgical instruments inside a patient’s body. These mistakes can cause significant harm or require additional surgeries to correct.
• Medication errors. Medication errors can occur in various forms. Doctors may prescribe the wrong medication, administer an incorrect dosage, or fail to recognize harmful drug interactions. These errors can lead to serious health complications, including overdose, adverse reactions, or ineffective treatment. It’s important to understand that a mistake at any point during the prescribing, dispensing, or administration process can have dire consequences that may call for legal action.
• Birth injuries. The birth of a child should be a joyous occasion, but it’s sometimes marred by injuries that could have been prevented. Birth injuries can occur due to medical staff failing to appropriately monitor the baby’s or mother’s condition, not responding correctly to signs of fetal distress, or improper use of birthing tools. These actions can result in temporary or permanent conditions that could significantly affect the child’s quality of life. 
• Anesthesia errors. Anesthesiologists have the important task of ensuring that patients remain unconscious and as pain-free as possible during surgery. Errors in this field can result in patients waking up during surgery, receiving too much anesthesia, or not enough, possibly leading to brain damage or death.