Medical Malpractice Statute of Limitations in Maryland

Last verified 2026-07 · Source: Md. Code, Cts. & Jud. Proc. § 5-109(a) ✓ verified · 3 sources

If you're researching medical malpractice claims in Maryland, the single most important number is 3 years. That's how long Md. Code, Cts. & Jud. Proc. § 5-109(a) gives you to file a medical malpractice claim, counted from For the primary 3-year period, the clock runs from the date the injury was discovered or reasonably should have been discovered. The separate 5-year prong runs from the date the injury was committed (a statute of repose). Suit must be filed within whichever of the two deadlines is EARLIER.. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.

Maryland Deadlines for Related Claims

When the Clock Starts

In Maryland, the limitations period for medical malpractice claims generally begins on For the primary 3-year period, the clock runs from the date the injury was discovered or reasonably should have been discovered. The separate 5-year prong runs from the date the injury was committed (a statute of repose). Suit must be filed within whichever of the two deadlines is EARLIER.. Maryland recognizes a discovery rule for this claim type: § 5-109(a) sets a dual deadline and suit must be filed by whichever comes FIRST: (1) 5 years from the date the injury was committed, or (2) 3 years from the date the injury was discovered. The 3-year-from-discovery prong is the operative primary limitations period in the typical case (it is the same length as Maryland's general 3-year tort limitations period under § 5-101), while the 5-year-from-injury prong functions as an absolute statute of repose that can cut off a claim before the plaintiff even discovers the injury. Because the earlier of the two controls, the effective filing window is usually 3 years from discovery but can be shorter than 3 years when the 5-year repose expires first.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Not applicable to ordinary private doctors/hospitals. If the defendant is a state entity (e.g., a state university hospital), the Maryland Tort Claims Act requires written notice to the State Treasurer within 1 year; the Local Government Tort Claims Act requires notice within 1 year for local-government defendants.
• Damage caps: Yes. Maryland caps noneconomic damages (pain and suffering) in medical malpractice cases under Md. Code, Cts. & Jud. Proc. § 3-2A-09. The cap adjusts upward $15,000 each year on January 1; it is $920,000 for causes of action arising in 2026 ($905,000 for 2025). Economic damages (medical bills, lost wages) are not capped.

Pre-suit requirements: a claim must first be filed with the Health Care Alternative Dispute Resolution Office (HCADRO), and the claimant must file a Certificate of a Qualified Expert attesting to a departure from the standard of care that caused the injury (generally within 90 days of the defendant's response), or the claim is dismissed. Minor tolling under § 5-109(b)-(c): for a claimant who was under age 11 when the injury occurred, the limitations period does not begin until the claimant reaches age 11; for injuries to the reproductive system or a foreign object left in the body, the trigger age is 16. FIXER RESOLUTION: The correct primary headline period is 3 years (discovery-based limitations period), not 5. The 5-year prong is a statute of repose and is reported in the discovery_note, consistent with treating absolute outer deadlines as a repose rather than the headline SOL. The drafter (3 years) was correct; the verifier's '5' conflated the repose with the primary period.

Source: Md. Code, Cts. & Jud. Proc. § 5-109(a), official Maryland statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Maryland government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Maryland Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.