Legal Question in Personal Injury in Maryland

Early 2010 dentist did extractions. Late 2015, I discovered I can't get implant because of the way the last dentist did the extractions which affected my jaw bone. This means my statue begin late 2015 and I'm still able sue in court?

Asked on 1/29/16, 12:03 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

The answer to your question is probably "yes"--which is to say, you are still within the statute of limitations (3 yrs). That is because MD uses what is known as the discovery rule to determine when the statute begins to run in tort cases. So if you could not have reasonably discovered that the negligent act occurred until last year, you are well within the statute. The dentist, in an attempt to rely on the statute in defending your suit, would try to find out if you experienced unusual symptoms soon after the extractions which would have motivated a reasonable person to investigate, in which case the problem would have been discovered much sooner. They would then argue that your failure to do this means the statute should start to run from when you first experienced such problems.

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Answered on 1/29/16, 1:10 pm

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