The impact of medical malpractice can be devastating for patients, families, and healthcare providers. It can result in significant physical, emotional, and financial harm to the patient, and can have a negative impact on the reputation of the healthcare provider.
Understanding the statute of limitations and medical malpractice claims is essential to ensuring that an injured party is able to seek legal recourse for their injury in a timely manner.
In the first and second parts of this guide, we went over key information about medical malpractice laws and the urgency of filing medical malpractice suits. But what happens when you do discover it on time, but don’t file a lawsuit quickly enough? In the final section, let’s take a deep dive.
What Happens if the Statute of Limitations Has Already Passed?
If the statute of limitations has already passed, a medical malpractice lawsuit cannot be brought against the responsible healthcare provider in Maryland.
The statute of limitations is a strict timeline for filing legal claims. If the time period has passed, even by just one day, it may be too late to file a claim. This means that if you wait too long to file your case, you may not be able to. It is important to pay attention to the time limits set by the laws in your jurisdiction.
If you wait too long to file a legal claim, it may not be accepted. Even if you have a strong case that a doctor caused an injury that caused you a lot of financial loss, if you file after the deadline set by the law, you may not be able to get compensation. This is why it is essential to talk to an expert about your claim as soon as you can.
Statute of Limitations on Wrongful Death
The statute of limitations on wrongful death in Maryland is three years from the date of death. This means that families must file a medical malpractice lawsuit within three years of the death of their loved one.
If the lawsuit is not filed within this three-year period, the family will be barred from recovering damages for the wrongful death. It is important to act quickly and consult a lawyer if you believe a medical error may have caused the death of your loved one.
Claims Against a State or Government Agency
Claims against a state or government agency are complex legal matters that require specialized knowledge and experience to handle successfully. These claims are different from other medical malpractice lawsuits in that the plaintiff must prove that the state or agency was negligent in providing care or services that resulted in injury or death.
The process for filing these claims is different and more complicated than the process for filing a medical malpractice lawsuit against an individual or private entity. For this reason, it is important to consult a knowledgeable and experienced attorney when considering a claim against a state or government agency in Maryland.
Exceptions to the Statute of Limitations
Exceptions to the Statute of Limitations, which is the time limit for filing a medical malpractice lawsuit in Maryland, may apply in certain situations.
These exceptions include cases involving foreign objects left in the body during surgery, cases in which an injury is not discovered until more than three years after the malpractice occurred, and cases in which a minor was injured by malpractice.
Additionally, the statute of limitations may be extended if a defendant fraudulently concealed their malpractice. It is important to note that exceptions to the statute of limitations may vary by state, so it is always best to consult a medical malpractice lawyer in Maryland to ensure that all legal requirements are met.
Conclusion
With the right knowledge and guidance, medical malpractice lawyers can help those who have suffered an injury or loss due to medical negligence. Ultimately, it is important to remember that medical malpractice cases are very complex and require the expertise of a knowledgeable and experienced lawyer to ensure that victims receive the justice they deserve.
If you are looking for medical malpractice lawyers in Waldorf, Maryland, we can help you. Waldorf Injury Lawyers has injury lawyers dedicated to helping people receive the help and compensation they deserve. You can contact us today to learn more about our work and services. We’re located at 11701 Central Ave. Waldorf, MD 20601. Contact us online or call us at (301) 245-2559. One of our experienced Waldorf Maryland lawyers will surely assist you.
