Published by Arfaa Law Group
When medical negligence results in the loss of a loved one, surviving family members often face overwhelming emotional and legal challenges. Maryland’s wrongful death laws are designed to allow eligible beneficiaries to seek compensation for the losses they have suffered, but strict procedural requirements govern those rights. A recent decision from a Maryland court demonstrates that even when a wrongful death action has already been filed, family members who fail to comply with Maryland’s intervention requirements may lose the opportunity to participate in any recovery. If you have lost a loved one because of suspected medical negligence, consulting an experienced Baltimore medical malpractice attorney as soon as possible can help protect your rights.
History of the Case
Reportedly, the underlying medical malpractice claim arose after a nine-year-old child died following treatment at an urgent care facility. According to the complaint, the child was evaluated for severe abdominal pain and constipation, treated, and discharged without passing a bowel movement. The following day, the child became critically ill, was transported to a hospital, and later died from complications associated with a bowel obstruction.
Allegedly, the child’s mother subsequently initiated medical malpractice and wrongful death proceedings by filing a claim with the Maryland Health Care Alternative Dispute Resolution Office, waiving arbitration, and filing suit in the Circuit Court for Prince George’s County. The complaint named the child’s father as a use plaintiff, and he was later served with the complaint and the notice required under Maryland Rule 15-1001.
It is reported that several months after receiving notice of the lawsuit, the father filed a motion to intervene so that he could participate as a party plaintiff. He acknowledged that the motion was filed after the deadlines established by Maryland Rule 15-1001 but argued that the court should nevertheless permit intervention. Among other things, he asserted that the relation back doctrine should apply and that confusion surrounding his status in the case justified the late filing. The circuit court denied the motion, concluding that Maryland’s wrongful death rules did not permit intervention after the applicable statutory deadline had expired.
Filing Deadlines in Maryland Medical Malpractice Cases
On appeal, the court affirmed the trial court ruling. In doing so, the court carefully examined Maryland’s wrongful death statute and Rule 15-1001, both of which govern how beneficiaries participate in wrongful death actions. The court explained that Maryland follows the “one action rule,” meaning that only one wrongful death action may be brought on behalf of all eligible beneficiaries. While one beneficiary may initiate the action for the benefit of others, individuals seeking to participate in the litigation or share in any recovery must still comply with the procedural requirements established by the rule.
The court emphasized that Rule 15-1001 requires a use plaintiff to file a complaint or motion to intervene by the earlier of two deadlines: the statutory limitations period or thirty days after being served with the complaint and required notice. More importantly, the court concluded that failing to meet the statutory deadline extinguishes the right to participate as a party plaintiff. Because that requirement is a condition precedent to maintaining the claim, the relation back doctrine cannot revive an untimely motion to intervene. The court further determined that although Maryland law permits courts to excuse certain late filings for good cause, that discretion does not extend to motions filed after the statutory deadline itself has expired. Accordingly, the circuit court correctly denied the father’s motion to intervene.
Meet with a Knowledgeable Baltimore Medical Malpractice Attorney Today
If you believe a loved one’s death resulted from negligent medical care, you should meet with an attorney as soon as possible to help preserve your rights and protect your family’s interests. The knowledgeable Baltimore medical malpractice attorneys of Arfaa Law Group represent individuals and families throughout Maryland in complex medical malpractice and wrongful death litigation. Our attorneys understand the procedural requirements that govern these claims and work diligently to protect our clients’ interests at every stage of the process. To schedule a consultation, call Arfaa Law Group at (410) 889-1850 or complete our online contact form today.