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Medical Malpractice Statutes of Limitations Vary Among Maryland, Virginia and Washington DC Jurisdictions

Posted on December 28, 2010 to

Medical malpractice is defined as negligent medical care that results in further injury to a patient. When proving a medical malpractice case in a lawsuit, a plaintiff must show that further injury occurred as a result of a medical practitioner’s actions, that the medical practitioner caused the injury and that the practitioner gave unreasonable and negligent care during the course of the medical visit. There are a number of types of medical malpractice claims that are commonly made against medical practitioners:

  • Improper administration of medication
  • Improper monitoring of a patient
  • Leaving surgical tools inside a patient’s body
  • Inaccurate reading of blood countlevels

Virginia Medical Malpractice

A medical malpractice case in Virginia must be brought within two years of the date the medical incident occurred unless it hadn’t yet been discovered. In this case, the statute of limitations for such a case is extended to one year past the date when the medical malpractice injury is discovered or should have reasonably been discovered and within 10 years of the date of the injury.

Maryland Medical Malpractice

In Maryland, a medical malpractice case must be brought within the earlier date of five years from the date of when the malpractice occurs or within three years from the date of when the malpractice injury is discovered. Any wrongful death actions in Maryland must be brought within three years of the patient’s death.

Washington, D.C. Medical Malpractice

A patient injured as a result of medical malpractice in Washington, D.C. has three years to file a malpractice claim from the date the patient found out about the injury or reasonably should have discovered the error. If a patient dies as a result of injuries sustained from medical malpractice, the survivors of the individual have one year from the date of death to bring about a wrongful death claim.

Reaching a settlement

In many cases a settlement can be reached prior to a case being heard by a judge or jury. In these cases, attorneys for both sides of the lawsuit meet to discuss the case and agree upon a settlement amount that is fair for both sides. If a settlement is reached, there is no need to go through the rigors of a trial.

An experienced Maryland, Virginia and Washington, D.C. medical malpractice attorney understands the process of negotiation and is able to perhaps reach an appropriate settlement for the plaintiff and to take the case to court if necessary. A qualified personal injury malpractice lawyer fights for the rights of the injured until all bills are paid in full.