Time Limits For Filing Medical Malpractice Claims
A delicate balance of understanding, expertise, and timing is required when an injured party chooses to pursue a medical malpractice claim. For example, recognizing time limits is key to connecting with a favorable outcome. In the state of Maryland, as in other US states, the statute of limitations plays a critical role in determining when a medical malpractice claim can be filed.
To delve into what a statute of limitations is, how it applies to Maryland medical malpractice claims, and the exceptions that may allow harmed individuals to seek justice if the harm isn’t immediately recognized, connect with a seasoned Baltimore medical malpractice lawyer.
Medical Malpractice Statutes and Rule Exceptions
A statute of limitations is a legal time limit within which legal action is required to be taken. Its purpose is to ensure that legal actions are initiated promptly, preserving the integrity of evidence and protecting defendants from stale claims.
In the state of Maryland, the statute of limitations for medical malpractice claims is generally three years. This timeline begins at the date the injury occurred or one year from the date the injury was discovered, whichever comes first. This means that individuals who believe they have been victims of medical malpractice must file legal proceedings within the three-year window. Failing to do so could result in their claims not being considered.
Recognizing that some medical conditions or injuries do not manifest immediately, Maryland law provides exceptions to the standard statute of limitations. One of these exceptions is referred to as the discovery rule, which allows the statute of limitations to begin running from the date the harmed individual discovers, or reasonably should have discovered, the injury.
Additionally, when a case involves minors, there is a statute of repose, ensuring that individuals who were minors at the time of the alleged malpractice have up to three years from the date they become an adult to file a claim.
Prompt Evaluations and Negotiating a Settlement
Navigating the complexities of medical malpractice laws and the statutes attached to legal filings can be challenging for individuals dealing with the physical, emotional, and financial consequences of medical negligence.
An experienced Baltimore medical malpractice lawyer can assist you by conducting a prompt and thorough evaluation of your injury. Then, from the beginning of the claims process, it can be determined whether your case falls within the statute of limitations or qualifies for any exceptions.
When a case is viable, your attorney will move forward, gathering medical records, expert opinions, and other documentation. With strong evidence in place, negotiations with the defendant’s legal team or insurance representatives can begin, often resulting in timely compensation for the harmed individual.
What questions do you have about filing a Maryland malpractice claim? With the assistance of the dedicated at Iamele & Iamele, LLP, individuals who have suffered harm can navigate the legal landscape, ensuring that their rights are protected. An opportunity to access compensation for the damages you have endured may be in reach, schedule a confidential assessment to learn more. Contact us to book your fee-free appointment.
