Maryland statute of limitations for malpractice and the discovery rule question

Asked about 4 years ago - Baltimore, MD

I need advice on the Maryland statute of limitations for malpractice suits and the discovery rule.

Two years ago I arrived septic at Johns Hopkins hospital and was in a coma for a couple months It was discovered I had a massive MRSA spinal infection I had spinal surgeries and spent 1 ½ years in the hospital (I am now disabled.) Johns Hopkins identified the MRSA infection as having been initiated and spread by an abcess caused during lower back surgery I had 14 years ago.

The statute reads "within three years of its discovery".

As the discovery that the MRSA was still in my system was only 2 years ago, and there were no indications that I was ill, could I still file a suit?

Additional information

A couple weeks after I was released from the original hospital I had had the lower back surgery, I return as an infection had developed at the surgery site. After release the second time, I was put on home IV antibiotics for about 2 months. I was never aware it was MRSA. I must assume the antibiotics did not work.

From before the operation 14 years ago to present, I have been under the care (with regular visits) of my personal doctor. There was nothing discernible to him of myself to indicate the infection was present (until the day I collapsed 2 years ago).

Attorney answers (2)

  1. George Pittman Patterson

    Pro

    Contributor Level 11

    Answered . The application of the discovery rule will require a detailed review of your medical records and history. The discovery rule is not as simple as when you knew about the potential case. The discovery rule holds that the statute of limitations starts to run when you knew or should have known that you potentially had a cause of action. Your case is clearly more complicated than the summary of facts in your question. You need to make arrangements to meet with a medical malpractice attorney as soon as possible to discuss this issue. Good luck.

  2. Mark L Rosenberg

    Contributor Level 15

    Answered . Mr. Patterson is correct. You should put all of your documents together, including all medical reports and talk to a medical malpractice attorney in Maryland. I would be glad to review your case.

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