Your medical malpractice suit must be filed on time. Maryland has a Statute of Limitations for medical malpractice suits. You can only file a suit within five years after the injury was inflicted or within three years after discovering the injury inflicted. If the injury or damage was inflicted upon a child, the period of filing does not begin to run until the child reaches age 11. If you file beyond the set period, your suit will be dismissed.
It’s easy to determine the time limit if you know that a medical injury was inflicted on you. But if the injury resulted from a misdiagnosis or the injury occurred during surgery and you did not know about it until years later, you must prove that you could not have known about the injury earlier.
You need to present evidence of damages incurred. You must prove actual damages – the value in money you need to reimburse you for what you had spent or lost for doctors’ fees, laboratory fees, hospitalization, lost wages, cost of medical procedures to correct or treat the injury, etc. You must also prove non-economic damages: the pain and suffering, anxiety, depression, lost enjoyment of life, etc. There is a cap on what you can recover for these non-economic damages.
A medical malpractice suit is complicated, the court procedures are complex. You need all the legal help you can get.