Published by Arfaa Law Group
Maryland permits only one wrongful death action for a person’s death, yet each beneficiary must act timely to pursue an individual recovery. A recent medical malpractice appeal examined whether a parent named as a use plaintiff could intervene after three years under the relation-back doctrine, serving as a stark reminder of why families must protect their rights before deadlines expire. If you lost a loved one due to negligent medical care, it is in your best interest to retain a Baltimore medical malpractice attorney who can help you navigate your claims.
Case Setting
Allegedly, a nine-year-old child with chronic constipation experienced severe abdominal pain after approximately two weeks without a bowel movement. A parent took the child to an urgent care facility on August 28, 2020. A physician administered an enema, examined the child’s abdomen, and discharged the child that evening even though the child had not passed a bowel movement. The next morning, the child developed vomiting and diarrhea, became unresponsive, and suffered cardiac arrest and gastrointestinal bleeding. The child died on August 30, 2020. An autopsy attributed the death to complications of bowel obstruction caused by congenital constipation.
Reportedly, one parent filed a medical malpractice claim with Maryland’s Health Care Alternative Dispute Resolution Office on August 16, 2023, and waived arbitration. That parent filed a circuit court complaint on September 22, asserting negligence, wrongful death, and survival claims. The complaint identified the other parent as a use plaintiff. Service occurred after the three-year anniversary of the child’s death.
It is reported that the use plaintiff tried to file a motion to intervene in October 2023, but a clerk indicated that the docket already listed the use plaintiff as a represented party. Counsel for the initiating plaintiff later clarified that the firm did not represent the use plaintiff and that formal intervention was necessary. After retaining counsel, the use plaintiff moved to intervene on June 7, 2024. The circuit court denied the motion because Maryland Rule 15-1001 required action by the earlier of the statutory deadline or 30 days after service. The use plaintiff appealed.
Timeliness of Medical Malpractice Related Wrongful Death Claims
On appeal, the court reviewed the intervention decision for abuse of discretion but considered the controlling legal interpretation without deference. It read Rule 15-1001 together with Maryland’s wrongful death statute. Their plain language required a use plaintiff seeking participation or recovery to file a complaint or intervention motion no later than three years after death, even when service of the existing complaint occurred afterward.
The court recognized that the result was harsh but explained that every eligible beneficiary may independently act during the three-year period. Being listed as a use plaintiff did not itself make the appellant an active party. The rule’s good-cause provision could excuse failure to meet the 30-day service deadline, but it expressly could not excuse failure to satisfy the statutory deadline.
Consequently, the clerk interaction could not revive the expired right.
The court also rejected relation back. Maryland treats the wrongful death filing period as a condition precedent attached to the right to sue, not merely a defense affecting the remedy. When the plaintiff failed to act within three years, the individual claim expired. Relation back cannot restore that right. Adding another beneficiary could also increase, rather than divide, damages for grief and emotional suffering. Applying the doctrine would undermine the intervention deadlines. The court affirmed without deciding whether good cause excused the service-based delay.
Speak with a Baltimore Medical Malpractice Attorney at Arfaa Law Group
Wrongful death claims involving medical care require prompt coordination among beneficiaries and careful compliance with Maryland’s pre-suit rules. If your family lost a loved one after possible medical negligence in Baltimore or elsewhere in Maryland, the medical malpractice attorneys at Arfaa Law Group can advise you of your options and help you take the steps needed to protect your interests. Call Arfaa Law Group at (410) 889-1850 or submit the firm’s online contact form to arrange a free, confidential consultation.