Every state, including Maryland, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Maryland, the statute of limitations is five years from the date of when the injury was committed, or three years from the date when the injury was discovered—whichever is earlier. As for minors in Maryland, the statute does not begin to run until age eleven. If the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen.
Maryland is one of only four states that recognize the traditional common law doctrine of contributory negligence. This means that, in Maryland, if the claimant is deemed to have even one percent cause, this will bar recovery completely.
Costs, Requirements, and Limitations:
• Industry Average Cost of a Maryland Medical Malpractice Insurance Policy: $9,869
• Is Medical Malpractice Insurance Required in Maryland? No, but protecting assets is recommended.
• Minimum Carrying Requirements: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Maryland? For noneconomic damages, there is a limit of $770,000, with a cap increase set at $15,000 per year.
• What is the “statute of limitations” for a medical malpractice complaint in Maryland? 3 years / 5 years, Maryland Cts & Jud. Proc. Code section 5-109.