Maryland Birth Injury Lawyers

Maryland Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Md. Courts & Judicial Proceedings Code Ann. §5-109 Five years from act or three years from discovery. Minors under age 11: the time limitations shall commence when the claimant reaches the age of 11. In an action for an injury (i) to the reproductive system of the claimant; or (ii) caused by a foreign object negligently left in the claimant's body, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations shall commence when the claimant reaches the age of 16 years.

Maryland Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

Courts & Judicial Proceedings Code §3-2A-09(A). Noneconomic damages for a cause of action arising between January 1, 2005, and December 31, 2008, inclusive, may not exceed $650,000. The limitation on noneconomic damages shall increase by $15,000 on January 1 of each year beginning January 1, 2009. The increased amount shall apply to causes of action arising between January 1 and December 31 of that year, inclusive. In a wrongful death action, where there are two or more claimants or beneficiaries, the noneconomic damages for all actions may not exceed 125 percent of the above limitation.

Limits on Attorney Fees

Courts & Judicial Proceedings §3-2A-07. If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein.

Periodic Payments

Courts & Judicial Proceedings §11-109. The court or the health claims arbitration panel may order that all or part of the future economic damages portion of the award be paid in the form of annuities or other appropriate financial instruments, or that it be paid in periodic or other payments consistent with the needs of the plaintiff, funded in full by the defendant or the defendant's insurer and equal when paid to the amount of the future economic damages award. If the plaintiff under this section dies before the final periodic payment of an award is made, the unpaid balance of the award for future loss of earnings shall revert to the estate of the plaintiff and the unpaid balance of the award for future medical expenses shall revert to the defendant or to the defendant's insurer if the insurer provided the funds for the future damages award.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

Health Occupations Code §1-401 et seq. Medical review committees