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How long do I have to file a medical malpractice claim?

The amount of time in which you have to file a lawsuit is called the “statute of limitations.” Every state has its own statute of limitations for various types of claims. If you think that you may have a legal claim under Maryland law, you should consult with an attorney to discuss your claim as soon as possible.

In Maryland, you are provided by law with 3 years to bring the following types of claims:

  • Breach of written contract
  • Breach of oral contract
  • Product liability
  • Personal injury involving negligence
  • Property damage

Application of the statute of limitations to the facts of your case can range from a simple review of the facts to a much more complicated analysis. For example, injuries from pharmaceutical drugs are called product liability claims. Product liability claims are governed by the 3 year statute of limitations. If you suffered an immediate adverse reaction to a drug, that may well be the date on which the statute begins to run. In some instances, however, pharmaceutical injuries are not discovered until long after the drug was taken or administered. In such cases, the “discovery rule” may apply. This means that the 3 year statute of limitations will not begin to run until after the injured party has reasonably discovered his or her injury. 

In some product liability cases the date of injury may be clear. If you are injured when the wheel falls off your car because of a defective part designed and installed by the manufacturer, the date of your injury will be the date of your accident. You will have 3 years from that date to bring any appropriate legal action. Other types of injuries may not be so easy to date. Besides injuries involving pharmaceutical drugs, asbestos injuries are another common example. You may not discover that you were injured until years later after you discover your illness. You will lose your right to file a lawsuit if you do not file within the statute of limitations. For this reason, you should contact us as soon as you suffer any personal injury.