If you believe a healthcare provider’s mistake caused serious harm, understanding the Maryland medical malpractice statute of limitations is critical. Missing the filing deadline can permanently bar you from recovering compensation, no matter how strong your case may be.
At Schlachman, Belsky, Weiner & Davey, P.A., our personal injury attorneys help injured patients and families navigate strict filing regulations and procedural requirements. From calculating deadlines to securing the required Certificate of Qualified Expert Maryland law demands, our team works to protect your right to pursue justice.
The Standard Deadline: Understanding Maryland Code § 5-109
Maryland’s medical malpractice time limits are governed by Maryland Courts and Judicial Proceedings § 5-109. Under this statute, a claim must generally be filed by the earlier of:
- Five years from the date the injury was committed; or
- Three years from the date the injury was discovered
This framework creates a combination of a statute of limitations and a statute of repose Maryland courts strictly enforce. In addition to filing within the proper timeframe, plaintiffs must comply with Maryland’s pre-suit requirements, including submitting a Certificate of Qualified Expert. Failing to follow these procedural steps can also jeopardize a case.
1. The Discovery Rule: When the Clock Starts Later
One of the most important factors affecting the Maryland medical malpractice statute of limitations is the Maryland discovery rule medical malpractice claims rely on.
Under the discovery rule, the three-year clock begins when the patient knew or reasonably should have known:
- That they were injured, and
- That the injury may have been caused by medical negligence
In many cases, patients do not immediately realize a surgical error, misdiagnosis, or medication mistake caused their harm. For example, a misread imaging study may not be uncovered until a second physician reviews the records months or years later. This makes early consultation with counsel essential.
2. Age of the Victim: Statutory Extensions for Minors
When the injured patient is under 18, different rules may apply. Maryland statute of limitations cases for minors often involve extended filing periods.
For minors, the statute of limitations may be tolled until the child reaches the age of majority. However, this extension is not unlimited and must still be analyzed alongside the five-year statute of repose Maryland law imposes.
Because these timelines are complex, parents should never assume they have unlimited time to act. Speaking with a medical malpractice lawyer as soon as potential malpractice has been discovered increases your chances of receiving the help your child needs.
Birth Injuries and Cerebral Palsy Exceptions
Certain birth injury claims receive special consideration. In cases involving neurological injuries, including cerebral palsy, Maryland law provides unique timing rules.
Families pursuing a cerebral palsy lawsuit must carefully review how the statute applies in the case. If your child suffered harm during delivery or in the NICU, you may need to speak with an experienced Baltimore cerebral palsy lawyer.
3. Mental Incapacity: Tolling for Legally Disabled Individuals
Another important factor involves tolling the statute of limitations for individuals who are legally disabled.
If a patient is mentally incapacitated at the time the injury occurs, the law may pause the limitations period until the disability is no longer affecting the patient. This ensures that vulnerable individuals are not deprived of their right to seek justice simply because they cannot understand or act on their legal rights.
That said, proving legal incapacity requires substantial medical evidence. Courts do not apply tolling automatically.
4. Fraudulent Concealment: When a Provider Hides the Truth
Fraudulent concealment in Maryland addresses situations where a healthcare provider intentionally hides a mistake.
If a doctor actively conceals negligence, the statute of limitations may be tolled until the patient discovers or reasonably should have discovered the wrongdoing. Examples might include:
- Altering medical records
- Failing to disclose a known surgical error
- Misrepresenting test results
These cases are complex and often heavily contested. Demonstrating concealment requires proof that the provider took affirmative steps to hide the malpractice.
5. The Statute of Repose: The Absolute Five-Year Cap
Even when the discovery rule or tolling applies, the statute of repose sets an outer limit.
Under § 5-109, most claims cannot be filed more than five years after the date the injury was committed, regardless of when it was discovered. This five-year cap can extinguish claims before a patient even realizes malpractice occurred.
The interaction between the three-year discovery period and the five-year statute of repose makes precise deadline calculation critical. Misunderstanding these rules can result in dismissal.
How Wrongful Death Deadlines Differ from Malpractice
When medical negligence leads to death, the wrongful death statute of limitations may differ from standard malpractice deadlines.
Wrongful death claims are typically governed by a three-year limitations period from the date of death. However, related survival claims may still be subject to the requirements of § 5-109.
Because multiple deadlines can apply simultaneously, families should seek legal guidance immediately after a fatal medical error. A wrongful death attorney will be able to clear up any misconceptions and move forward with a valid case to help secure necessary compensation for your family.
Why You Need to Consult a Baltimore Malpractice Attorney Immediately
The medical negligence filing deadline that Baltimore courts enforce is unforgiving. Even a strong case can be lost if filed one day late or without proper certification.
Schlachman, Belsky, Weiner & Davey, P.A. has decades of experience representing victims of serious medical negligence. Our firm can:
- Evaluate when the statute of limitations began running
- Determine whether tolling the statute of limitations applies in your case
- Ensure you or your child can file for potential birth injuries before the deadline
- Investigate potential fraudulent concealment
- Secure and file the required Certificate of Qualified Expert
- Ensure compliance with all procedural requirements
Time is one of the most important factors in any Maryland medical malpractice claim. Acting quickly can protect your ability to pursue compensation and accountability.
Contact Schlachman, Belsky, Weiner & Davey, P.A. today at (410) 685-2022 to schedule your free, confidential consultation.



