An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:
(1) Five years of the time the injury was committed; or
(2) Three years of the date the injury was discovered. Md. Code Ann., Cts. & Jud. Proc. § 5-109
Right of action for injury or damage for medical malpractice may accrue when patient knows or should know he has suffered injury or damage; if it is impossible for him, as layman unskilled in medicine, reasonably to understand or appreciate that actionable harm has been done him, he has statutory limitation period from moment of discovery, when he knows or should know he has cause of action, within which to sue. Waldman v. Rohrbaugh, 241 Md. 137 (1966).
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced. Md. Code Ann., Cts. & Jud. Proc. § 5-101
“Under Maryland ‘discovery rule,’ a cause of action in negligence or strict liability accrues once a plaintiff knows or should know he or she has been wronged. Md. Code Ann., Cts. & Jud. Proc. § 5-101
Maryland's discovery rule tolls accrual of three year limitations period for civil matters until time plaintiff discovers, or through exercise of due diligence, should have discovered, the injury. Chesapeake Bay Foundation, Inc. v. Weyerhaeuser Co., 848 F.Supp.2d 570 (D. Maryland 2012).
Under Maryland's discovery rule, implied actual notice, for purposes of accrual of cause of action in civil matter, arises where party to be charged is shown to have had knowledge of such facts and circumstances as would lead him, by the exercise of due diligence, to a knowledge of the principal fact; implied actual notice contemplates awareness implied from knowledge of circumstances which ought to have put a person of ordinary prudence on inquiry with notice of all facts which such an investigation would in all probability have disclosed if it had been properly pursued. Id.
Under Maryland's discovery rule, nonprofit environmental group had inquiry notice of its breach of contract and negligence claims against supplier of wooden beams used in construction of the group's environmental center, and thus actions accrued, for purposes of three year statute of limitations for civil matters, when building started to have water leaks, expert was hired to examine problem, and resulting expert report indicated that wooden beams had not been properly pressure treated with wood sealer or coating. Id.
Maryland Office of the Attorney General, Consumer Protection
(410) 528-8662 (Consumer Hotline)
59 Maiden Lane, 6th Floor
New York, NY 10038
6 Harbor Park Drive
Port Washington, NY 11050
375 Cedar Lane
Teaneck, NJ 07666
3301 Bonita Beach Road
Bonita Springs, Florida 34134
© 2014 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.