A statute of limitations, or the time period in which a claim must be filed, is generally strictly construed. In a Maryland pharmacy error case for personal injury or wrongful death generally has to be filed within the three-year statute of limitations applicable to those cases in Maryland. A medical malpractice claim generally has to be filed within five years of the date of injury or within three years of the date the injury was discovered, whichever comes first. This means that if a pharmacy error victim files after the statute of limitations has passed, the claim will be dismissed, regardless of the merits of the claim. The statutes are strictly construed because they are meant to limit the liability of defendants over an indefinite period of time to increase fairness and predictability.
However, there are some exceptions to the statute of limitations. As stated, if an injury was not known or discoverable until a certain date, the clock will not start running until that time (which may be a point of litigation in some cases). There is also an exception if the potential plaintiff was incapacitated and unable to file a claim while the statute of limitations was running. Similarly, a minor may not be expected to file a claim until they reach the age of majority. In any event, after any pharmacy error injury is incurred or discovered, it is essential to have the claim evaluated by an experienced attorney to determine the applicable statute of limitations.
Toddler Suffers From Alleged Pharmacy Error