In Maryland, claims alleging medical malpractice must be filed within the time constraints set forth by the pertinent statute of limitations. Otherwise, the injured party may waive the right to recover damages. In cases involving claims against a federally funded facility, in addition to filing a lawsuit within the allotted time, a plaintiff must also file claims with the appropriate federal agency within two years of the alleged harm as well. There are some exceptions to this rule, such as when the patient continues to treat with the defendant health care provider following the date of the wrongful act, as shown in a recent Maryland malpractice case. If you were hurt by negligent medical care you might be owed damages, but you must act promptly. It is wise, therefore, to confer with a seasoned Maryland medical malpractice attorney as soon as possible.
The Plaintiff’s Treatment and Procedural History
It is reported that the plaintiff underwent multiple surgeries after he was shot several times in the abdomen. He was then incarcerated. Following his incarceration, he noticed a metal wire protruding from his surgical site. He repeatedly complained about the wire to the defendants but was not granted a surgical consultation. At one point, an examination was scheduled, but it was ultimately canceled. He made several additional requests for a consultation, and approximately two years after his initial request, he underwent a procedure to remove the wires.
Allegedly, the plaintiff filed a lawsuit against the defendants, which he later amended to include both civil rights violations and medical malpractice claims. Then, four years after his initial pleading but two years after his surgery to remove the wires, he filed an administrative claim with the appropriate agency pursuant to the Federal Tort Claims Act (FTCA), as the defendants were federal employees. The defendants filed a motion to dismiss, arguing the plaintiff’s claims were time-barred. Continue Reading ›