Medical malpractice can lead to devastating physical, emotional, and financial consequences. If a healthcare provider’s negligence caused your injury or worsened your condition, you may have the right to file a lawsuit. However, your time to take legal action is limited. In Maryland, strict statutes of limitations govern how long you have to sue for medical malpractice, and missing the deadline could cost you your claim.

At the Law Office of Robert Castro, we assist clients in Waldorf and throughout Maryland in taking timely legal action. If you suspect that a doctor or hospital failed to meet professional standards, we’re here to assess your case quickly. Contact us today to protect your rights before the deadline passes.

Maryland’s Statute of Limitations for Medical Malpractice

In Maryland, most medical malpractice lawsuits must be filed within five years of the date the injury occurred or three years from the date the injury was discovered, whichever comes first. This statute is outlined in Maryland Courts and Judicial Proceedings Code § 5-109.

These deadlines are unforgiving. If you miss the applicable deadline, even by a single day, the court will likely dismiss your case regardless of how strong your evidence is. This is why working with a medical malpractice lawyer early on is critical to preserving your claim.

When the Clock Starts Ticking

The law recognizes that some injuries may not be immediately apparent. That’s why Maryland allows the “discovery rule,” which starts the three years from the date you became aware, or should have become aware, of the harm caused by medical negligence.

For example, a surgical sponge left inside your body may not trigger immediate symptoms. If the injury is discovered years later through diagnostic imaging, the three-year discovery period begins at that point. However, the five-year absolute limit remains in effect. A skilled medical malpractice attorney can help you calculate the deadline based on your specific situation.

Tolling for Minors and Legally Disabled Patients

There are exceptions to Maryland’s general time limits. For victims under the age of 11, the statute of limitations is tolled until their 11th birthday. If the malpractice involves a foreign object or specific reproductive injuries, the tolling may extend until the child is 16. Additionally, individuals who are legally incapacitated at the time of injury may receive more time to sue.

These exceptions are not automatic, and legal guidance is essential to take advantage of them. If you’re unsure how much time remains, you can speak with a medical malpractice lawyer in Maryland at our office to evaluate your legal options.

Wrongful Death and Medical Malpractice

In cases where a patient dies due to medical negligence, Maryland law allows a wrongful death claim to be filed. The statute of limitations for wrongful death is three years from the date of death. This timeline is different from that of a standard malpractice claim, even if the same injury is involved.

Wrongful death claims may involve surgical mistakes, misdiagnoses, or failure to treat a life-threatening condition. Our firm helps families pursue these claims within the proper time limits and recover damages for funeral costs, lost income, and loss of companionship. View examples of our successful case results for clients facing tragic loss.

Procedural Requirements and Early Case Building

Maryland law requires plaintiffs to file a Certificate of Qualified Expert within 90 days of filing a medical malpractice lawsuit. This document confirms that a qualified medical professional has reviewed the case and believes the standard of care was violated. Failure to file this certificate may result in your case being dismissed.

Gathering medical records, consulting with experts, and preparing legal filings all take time. Waiting too long to begin these steps could leave you scrambling before the deadline. Our attorneys work quickly and thoroughly, ensuring every step is completed in accordance with Maryland requirements. Learn more about how we handle these cases by visiting our personal injury page.

Claims Involving Government or Public Hospitals

If your injury involves a doctor or facility that is part of a public institution, such as a university hospital or state-run clinic, your time to act may be even shorter. Under the Maryland Tort Claims Act, claimants must submit written notice to the State Treasurer within one year of the injury. This administrative notice requirement is in addition to the deadline for filing a lawsuit. If you don’t file the notice in time, you could lose your right to sue even if the standard filing window hasn’t expired.

Fast, Responsive Legal Support for Injured Patients

At the Law Office of Robert Castro, P.A., we take prompt action the moment we agree to take on a case. Our clients never wait long for answers. We return all calls within 24 hours and are available for evening and weekend consultations.

If you’re unsure whether your condition resulted from medical malpractice, we offer honest evaluations and take the time to explain your rights. Visit our reviews page to see what past clients say about our responsiveness and commitment.

Taking the First Step Toward Legal Recovery

Many victims of medical negligence delay taking legal action due to uncertainty or stress. Unfortunately, the law does not pause for recovery or reflection. Whether your injury was caused by a botched surgery, missed diagnosis, or hospital error, the legal clock is ticking. Our team can determine whether your deadline has passed or if you still have a valid claim.

We also handle a wide range of personal injury and criminal defense cases, providing us with broad insight into how legal timelines and procedures impact your rights. When your health, finances, and future are at stake, we work diligently to deliver results.

Do Not Let the Deadline Cost You Compensation

Missing a deadline in a medical malpractice case means losing your right to seek justice and compensation. At the Law Office of Robert Castro, we act swiftly and strategically on behalf of our clients in Maryland and Washington, D.C. If a medical provider’s mistake changed your life, our firm can guide you through the legal steps to pursue a recovery. Contact us today before your filing deadline expires.