Maryland medical malpractice statute of limitations Archives

Federal Appellate Court Holds District Court Erroneously Applied Maryland Medical Malpractice Statute Of Limitations To Hospital Fraud Claim

May 25, 2026

Jon Lodwick Brunenkant presented at the Emergency Department of Suburban Hospital in Bethesda, Maryland on October 10, 2015 with symptoms of abdominal pain, persistent nausea, and vomiting. After ordering a CT scan of Brunenkant’s abdomen — along with an electrocardiogram and an ultrasound — a[...]

Maryland Medical Malpractice Discovery Rule

June 4, 2024

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 prospecti[...]

Maryland Medical Malpractice Plaintiff Filed Her Claim Too Late

February 2, 2024

Maryland Medical Malpractice Statute Of Limitations The Maryland statute of limitations applicable to negligence claims against health care providers is set forth in Section 5-109(a) of the Courts and Judicial Proceedings Article (“CJP”): An action for damages for an injury arising out of the re[...]

Maryland Appellate Court Affirms Dismissal Of Pro Se Medical Malpractice Plaintiff’s Lawsuit As Untimely

December 1, 2023

On October 22, 2021, Mr. Ritchie—representing himself—filed a claim with the Health Care Alternative Dispute Resolution Office (“HCADRO”) against Dr. Damiano and Union Hospital. He alleged that, on March 26, 2018 about 8:40a.m., his girlfriend called 9-1-1 seeking medical help on his behalf.[...]

Maryland Appellate Court Affirms Infertility Medical Malpractice Case Filed Too Late

October 25, 2021

In its unreported opinion filed on September 24, 2021, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held: “We agree that the court’s finding that the “experts agree” that Mr. Mee was infertile by the time he presented to Dr. Horton for continued care [...]

Maryland Appellate Court Applies Discovery Rule In Reviving Dental Malpractice Lawsuit

August 20, 2021

In its unreported opinion dated August 6, 2021, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) addressed a Maryland dental malpractice case where the plaintiff alleged that the defendant dentist negligently caused a nerve injury during an extraction procedure, stat[...]

Maryland Appellate Court Affirms Medical Malpractice Case Filed Too Late

October 4, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held in its reported opinion dated August 27, 2020 in a Maryland medical malpractice case: “Viewing the evidence in the light most favorable to Ms. Thomas, Dr. Shea[...]

Maryland Appellate Court Rules Medical Malpractice Complaint Was Filed Too Late

July 17, 2019

Maryland’s Health Care Malpractice Claims Act (“the Health Care Claims Act”), codified in Maryland Code (1976, 2013 Repl. Vol.), Courts & Judicial Proceedings Article (“CJP”), § 3-2A-01, et seq., mandates that claims against a health care provider seeking damages (if [...]

Maryland Appellate Court Affirms Summary Judgment Granted To Medical Malpractice Defendant Based On Statute Of Limitations

February 1, 2019

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unpublished opinion filed on January 18, 2019 that the Maryland medical malpractice plaintiff “clearly was aware by August 2010 that he had a MRSA infection in his left leg, that the infection was con[...]

Maryland Appellate Court Finds Medical Malpractice Case Against Johns Hopkins Hospital Was Filed Too Late

September 10, 2018

In its unreported opinion filed on August 14, 2018, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held that the Maryland medical malpractice plaintiff had filed her Maryland medical malpractice claim after the relevant statute of limitations for medical malpractic[...]

Maryland Appellate Court Addresses Inquiry Notice In Hip Replacement Medical Malpractice Case

July 25, 2017

In its unreported opinion dated July 20, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) reversed the trial court’s order that had granted summary judgment to the defendant orthopedic surgeon who had negligently performed right hip replacement surgery on[...]

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