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Your Rights If You Have Expericed Medical Malpratice.

Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. ? 5-109 (1995).

Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland's highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985).

Thanks to the federal government's 1999 Institute of Medicine study "To Err is Human," the country now knows what medical malpractice lawyers have known for years:

That said, most health care providers provide excellent care to their patients and a bad medical outcome does not mean there is a medical malpractice case. It is difficult for injury victims to know whether their injuries are the result of medical negligence or whether their injuries are just a tragic result that could not have been avoided by proper medical care.

David E. Fink can answer these questions. With many years of experience, this attorney can fight for the money you deserve and help rectify the medical malpractice situation.