Maryland Statute of Limitations for Medical Malpractice
In Maryland, the statute of limitations for medical malpractice is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Md. Code, Cts. & Jud. Proc. § 5-109.
- 3 years from the date of discovery, with a 5-year statute of repose from the date of the act.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
3 years from the date of discovery, with a 5-year statute of repose from the date of the act.
General Maryland Rules
Maryland applies a uniform 3-year statute of limitations for most civil claims. The discovery rule is well-established in Maryland and applies broadly to personal injury, medical malpractice, and fraud claims. A 5-year statute of repose applies to medical malpractice.
Other Statutes of Limitations in Maryland
Medical Malpractice in Other States
Frequently Asked Questions
-
What is the statute of limitations for medical malpractice in Maryland?
The statute of limitations for medical malpractice in Maryland is 3 years. Citation: Md. Code, Cts. & Jud. Proc. § 5-109.
-
When does the clock start for medical malpractice in Maryland?
3 years from the date of discovery, with a 5-year statute of repose from the date of the act.
-
Can the statute of limitations for medical malpractice be extended in Maryland?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.