Dentists, like other healthcare providers, have an obligation to provide their patients with competent care. If they fail to uphold their duties and consequently cause their patients to suffer harm, they may be liable for malpractice. It can be difficult to ascertain the source of harm caused by dental malpractice, though, and it is not uncommon for a plaintiff to pursue dental malpractice claims years after the harm occurs. While any claim against a healthcare provider must comply with the applicable statute of limitations, there are circumstances that allow for the tolling of the statute. Recently, a Maryland court discussed the discovery rule in the context of dental malpractice in a case in which it ultimately determined that the plaintiff’s claims were time-barred. If you sustained injuries due to negligent dental care, it is in your best interest to speak to a Maryland dental malpractice attorney as soon as possible.
The Facts of the Case
It is alleged that the plaintiff filed a dental malpractice lawsuit against the defendant, arising out of injuries sustained following incompetent dental care. The defendant moved for dismissal of the plaintiff’s claims via summary judgment, arguing that they were barred by the statute of limitations. The trial court granted the defendant’s motion, and the plaintiff appealed. Upon review, the appellate court affirmed the trial court ruling.
Tolling of the Statute of Limitations in Dental Malpractice Cases
Under Maryland law, an action for compensation for harm arising out of the rendering or failure to render professional services by a healthcare provider must be pursued within three years of when the injury was discovered. In evaluating when the statute of limitations began to run, the courts will generally invoke the discovery rule. Continue Reading ›