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.
Are There Exceptions to the Statute of Limitations?
Yes, 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
A 4-year-old boy is reportedly recovering after an alleged pharmacy error. According to one news report, the boy, who has Septo-optic dysplasia and takes medication daily, was allegedly given a dosage of medication 50 times stronger than his prescribed medication. The boy’s father was driving him to an appointment when he fell asleep in the car and could not be woken up. His father took him to the emergency room and found he was in a coma.
The boy’s mother said she had picked up the medication, a muscle relaxer, from the pharmacy and noticed that it looked different. He had been taking the medication for two years. The mother called the pharmacist who said the medication was okay. She gave the medication to her son on the day he later fell into a coma. The mother the boy was doing better and the family hoped the boy would be discharged from the hospital soon. She said the medication error could have killed him.
Contact a Maryland Pharmacy Error Lawyer to Have Your Claim Evaluated
An experienced Maryland pharmacy error attorney can help victims assess their claim, determine the applicable statute of limitations, and timely file the claim. The personal injury attorneys at the law firm of Lebowitz & Mzhen, LLC have over twenty years litigating claims related to medication errors and pharmacy misfills in the Baltimore area. Lebowitz & Mzhen works with medical experts to evaluate clients’ claims and aggressively pursue the compensation they deserve. Contact them online or call them toll-free at 1-800-654-1949 for a free, no-obligation consultation.