Maryland Nursing Home Laws

Maryland Nursing Home Injury Law | Nursing Home Lawyer

Nursing Home Negligence or Abuse

Statute of Limitations Md. Code Ann., Cts & Jud. Proc. §5-101

  • Three years from when the injury was discovered, or reasonably should have been discovered.
  • If the injured is mentally incompetent, the person may file action after the date the disability is removed. Md. Code Ann., Cts. & Jud. Proc. §5-201(a)

Damages Cap Md. Code Ann., Cts & Jud. Proc. §11-108

  • For injuries occurring on or after October 1, 1994, non-economic damages may not exceed $500,000.
  • Beginning October 1, 1995, limit on non-economic damages increases by $15,000.

Medical Malpractice

Statute of Limitations Md. Code Ann., Cts & Jud. Proc. §5-109

  • Case must be filed either within five years from date of injury or three years from when injury was discovered, whichever comes first.
  • If foreign object is discovered, or injury to reproductive system occurs, statute of limitations does not begin to run until plaintiff is 16 years of age.

Damages Cap Md. Code Ann., Cts & Jud. Proc. §3-2A-09

  • As of 2015, non-economic damages are capped at $740,000, to increase by $15,000 each year.
  • If the claim involves wrongful death damages for two or more beneficiaries, the cap on non-economic damages is 125% of the cap.

Wrongful Death

Statute of Limitations Md. Code Ann. Cts & Jud. Proc. §3-904

  • Three years from date of death.

Damages Cap Md. Code Ann., Cts & Jud. Proc. §11-108

  • Non-economic damages may not exceed $740,000 for one claimant as of 2015.
  • Non-economic damages cap increases by $15,000 annually.
  • The total recovery in a wrongful death case cannot exceed 150% of the cap.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.