Legal Question in Personal Injury in Maryland

2009 I experienced injury from hospital medicines, I know the statue is 3years, and in 2013 symptoms from the same injury came back. Does the statue start all over again starting in 2013 for me to sue for the 2009 injury? Thanks

Asked on 3/09/16, 6:50 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Unfortunately, the recurrence of symptoms does not "reset" the statute of limitations. Once you are aware or should reasonably be aware of symptoms which you attribute to negligent medical care, the statute begins to run. This is known as the discovery rule. So even if the care was provided earlier, under that rule you have 3 years from the "discovery" date to bring suit. But that does not appear to fit the fact pattern you presented.

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Answered on 3/09/16, 7:05 am
Jason A. Richman Jason A. Richman, Esq.

Md. Cts. & Jud. Proc. Code 5-101 - Generally three years under the discovery rule; Md. Cts. & Jud. Proc. Code 5-109 -Specific to Medical (healthcare provider) Malpractice - 5 years from the occurrence, or three from discovery, which ever period ENDS earlier. The statue of limitations does not give you a new period when a new symptom is discovered, unless that new symptom leads to the discovery of a new deviation on the part of the defendant entity; however, even such a new discovery does not extend the 5 year period of limitation from the date of the acts or failures giving rise to liability. Consult a Maryland attorney but you are probably beyond the permissible period to sue. There are exceptions but they are specialized. Consult an attorney with your records in hand. Most attorneys will offer a free consultation. Good luck.

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Answered on 3/09/16, 8:25 am

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