Discovery Rule
For a Maryland medical malpractice claim to accrue under the discovery rule, a prospective plaintiff must have notice of the nature and cause of his or her injury. An injury occurs when the negligent act is coupled with some harm to create a legally cognizable wrong. Thus, a prospective plaintiff must have notice not only of harm, but also of the wrongdoing that was the cause of that harm. A cause of action accrues when the plaintiff knows or should know of the injury, its probable cause, and the defendant’s wrongdoing.
Inquiry Notice
Consequently, symptoms, without more, generally do not suffice to establish inquiry notice of a medical malpractice claim as a matter of law. A patient must also have some reason to suspect that their symptoms resulted from a provider’s negligent treatment. A medical malpractice cause of action arises when harm results from the tortious act, but it accrues, and the statute of limitations begins to run, when the patient is aware, or in the exercise of due care and diligence should be aware, that the cause of action has arisen, that the medical care provider has breached a duty owing to the patient and that harm to the patient has resulted from that breach.
When a patient experiences symptoms and an expert provides information to the patient suggesting that past related treatment may have been negligent, the patient may be found to be on inquiry notice as a matter of law.
In an unreported opinion of the Appellate Court of Maryland filed on March 21, 2024, the defendants contended that the plaintiff, Thomas William Hitt’s, claims accrued more than three years before he filed his claim against them in November 2021. Specifically, they argued that Mr. Hitt was on inquiry notice—in other words, that he was or should have been aware of facts or circumstances that would cause an ordinarily prudent person to conduct further investigation, and through that investigation, if conducted with reasonable diligence, Mr. Hitt would have discovered that the defendants’ negligent treatment caused his metatarsal fractures to heal in malunion—no later than March 2018. They maintained that the circuit court correctly granted summary judgment in their favor because there is no genuine dispute of material fact concerning when Mr. Hitt was on inquiry notice.
The Appellate Court of Maryland stated that summary judgment is not appropriate where material facts are susceptible to reasonable inferences that favor the non-moving party. “We conclude that all three of Appellees’ theories fail. Mr. Hitt has introduced evidence that places material facts in genuine dispute. Appellees’ first theory fails because, pursuant to Maryland case law, Mr. Hitt’s symptoms alone were not sufficient to establish as a matter of law that he was on inquiry notice. Appellees’ second theory fails because there is genuine dispute about whether information in Mr. Hitt’s medical records should have put him on inquiry notice. Finally, Appellees’ third theory fails because there is genuine dispute about whether Mr. Hitt’s providers had any knowledge of his malunions and because Appellees do not establish beyond dispute that the providers communicated any information to him that would have put him on inquiry notice.”
The Appellate Court of Maryland held: “we find that genuine dispute exists as to when Mr. Hitt was on inquiry notice about his claims against Appellees. Based on the evidence before us we cannot find as a matter of law that Mr. Hitt’s claims accrued more than three years before he filed his complaint in November 2021. Therefore, the circuit court’s grant of summary judgment to Appellees on the basis of limitations was improper and must be reversed.”
Source Hitt v. Dimensions Healthcare Corporation, No. 2211 September Term, 2022.
If you or a loved one may have been injured (or worse) as a result of medical malpractice in Maryland, you should promptly find a Maryland medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a Maryland medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in Maryland who may assist you.
Turn to us when you don’t know where to turn.
