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Limitations for Medical Malpractice Claims

Rick Jaklitsch

Rick Jaklitsch started his Maryland-based personal injury firm in 1999, representing clients who have been harmed due to negligence. Rick Jaklitsch specializes in several practice areas, including medical malpractice.

Medical malpractice is defined by injury or harm caused by misdiagnosis, inadequate treatment, or other forms of negligence. In Maryland, malpractice claims are subject to a statute of limitations. Patients can file a claim up to 5 years after the incident of malpractice, or 3 years after an injury stemming from the malpractice is discovered.
If the affected party passed away due to the malpractice, a claim can be filed up to 3 years after the person’s death. The law will consider the earlier limitation if both are applicable. In most cases, those injured as minors are exempt from the statute until they reach 11 years old. If the injury impacts the reproductive system, the exemption lasts until the age of 16.

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