Maryland — Medical Malpractice SOL
5 years
Governing statute: CJ §5-109
The rule at a glance
- Baseline
- 5-year statute of limitations from the act or injury.
- Discovery rule
- 3yr from discovery OR 5yr from act, whichever first.
- Statute of repose
- 5-year repose from the act. Hard cap regardless of discovery.
- Minor tolling
- under 11: until age 11
- Government-entity notice of claim
- 180-day notice required before suing a government entity.
- Statutory reference
- CJ §5-109
Common pitfalls in Maryland
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Maryland pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "3yr from discovery OR 5yr from act, whichever firs…" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 11: until age 11") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (5yr).
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