How Long Do I Have To File a Medical Malpractice Claim in Maryland?

 Posted on May 02, 2026 in Medical Malpractice

After realizing that a medical professional caused them harm, many people worry that it will be too late for them to file a claim. This is especially true if it’s been some time since the incident happened – or since your symptoms began.

Maryland law allows some medical malpractice claims to be filed up to five years from the date of injury. However, it’s important to be aware of nuances in the law so that you don’t accidentally miss your filing window. A Prince George's County medical malpractice attorney can help you understand how much longer you have to file your claim and what the process looks like in 2026.

Do You Always Have Five Years To File a Medical Malpractice Case in Maryland?

The general five-year filing deadline comes from the Maryland Code, Cts. & Jud. Proc. § 5-109, It gives five years from the date the injury was committed for someone to file a malpractice suit.

It’s important to know, though, that there’s a second provision in the law that may affect your case. It allows plaintiffs three years from the date an injury was discovered to file. The catch is that malpractice claims must be filed by whichever deadline comes first. This means that if you were aware of an injury but failed to file within a three-year period, you likely won’t be allowed to recover damages, even though the law allows for five years in some cases.

There are also caps and procedural requirements in Maryland that are unique to malpractice cases and don't apply to other personal injury claims, which is another reason these cases benefit from having an experienced attorney involved early.

What Qualifies as Medical Malpractice in Maryland?

Medicine involves risk, and sometimes things go wrong, even when a provider does everything right. Malpractice occurs when a provider fails to meet standards established for their area of care. Common examples include:

• Misdiagnosis or delayed diagnosis of a serious condition

• Surgical errors, including wrong-site surgery

• Medication errors, such as prescribing the wrong drug or dosage

• Failure to order appropriate tests or follow up on results

• Birth injuries caused by negligence during labor and delivery

• Anesthesia errors

Additionally, before a malpractice lawsuit can be filed, the claim must go through a Health Care Alternative Dispute Resolution Office proceeding. This is a required step, and it adds to the timeline. Getting an attorney involved before this stage can help make sure the process goes smoothly and that your claim is properly supported.

What if You Didn't Realize Right Away That Medical Malpractice Happened in Maryland?

Medical mistakes aren't always obvious. Sometimes a misdiagnosis or wrong medication goes uncorrected for months. Surgical errors may only become apparent when a patient fails to heal the way they should. The three-year window from the date of discovery exists precisely for situations where a patient couldn't have reasonably known they'd been harmed sooner. In situations where symptoms didn’t show up until long after the injury, this serves as a protection to injured patients.

Courts will look at when a person in your position would reasonably have known enough to investigate further. In practice, this can be a gray area, and the defense will often argue the clock started sooner than you think. Documenting when and how you learned about the potential malpractice can be important if this ever becomes a dispute.

Maryland’s Statute of Limitations for Malpractice Injuries to Children

When the injured person is a minor, the rules are a little different. Maryland generally tolls, or pauses, the statute of limitations until the child turns 11 years old. After that, the standard deadlines apply, unless the harm involves the reproductive system or foreign objects left in the body. In these cases, tolling extends to age 16.

Cases involving minors have their own complexities. It's worth getting legal advice specific to your child's situation rather than assuming you have substantial time.

Call a Beltsville, MD Medical Malpractice Attorney Today

If you think you may have a medical malpractice claim, now is the time to get legal advice. Attorney Serafini has more than 12 years of experience handling cases like yours. Call Serafini Law at 240-744-1600 today to schedule a free consultation with our Prince George's County personal injury lawyer. We are available 24/7 and take cases on a contingency fee basis, so you pay nothing unless we win.