Almost all personal injury cases must be brought within a certain amount of time. The laws that set forth the specific amount of time in each type of case are called statutes of limitations. A plaintiff’s failure to bring a suit in the applicable amount of time under the statute of limitations can mean that the plaintiff forever loses the ability to bring that case.
Under Maryland law, personal injury and medical malpractice cases must be brought within either three or five years, depending on the specific circumstances of the alleged injury and when it was discovered by the plaintiff. Under the general rule, a lawsuit must be brought within three years of the discovery of the injury. However, no claims will be allowed after five years of the date of the injury.
When the “clock” starts ticking is sometimes up to interpretation. For example, in some pharmacy error or medical malpractice cases, the plaintiff’s injury is not immediately apparent. In these cases, the plaintiff will have up to five years from the time the injury occurred to bring the lawsuit. Importantly, this may be different from when the injury was discovered by the plaintiff.
To err on the safe side, it is recommended that all potential plaintiffs assume their claim is subject to the three-year statute of limitations.
Pharmacy Error Plaintiff Loses the Right to Sue After Waiting Too Long to File
Earlier this year, a plaintiff had their case dismissed after the court hearing the case determined that they waited too long to file their lawsuit against the defendant pharmacist. According to one industry news source, the doctor’s prescription was for one 500-mg dose of medication twice a day. However, for some reason the pharmacist’s instructions on the medication directed the patient to take two 500-mg doses four times a day. After taking the medication as prescribed for two months, he had to be hospitalized for an overdose.
The court wrestled with which of the state’s statutes of limitations to apply and ultimately applied the shorter of the two, meaning that the plaintiff’s claim was time-barred. This left the plaintiff with no means to recover compensation for the injuries he sustained as a result of the pharmacist’s error.
Have You Suffered After a Pharmacist’s Mistake?
If you or a loved one has recently been injured after a pharmacy error, you may be entitled to monetary compensation. Keep in mind that these claims must be filed in a timely manner, and failing to do so may result in your inability to recover for your injuries now as well as in the future. The skilled advocates at Lebowitz & Mzhen Personal Injury Lawyers have decades of experience bringing all kinds of pharmacy error and medical malpractice cases in Maryland courts. Call 410-654-3600 today to set up your free consultation. Calling is free and will not result in any obligation on your part unless and until we are able to recover for you.
More Blog Posts:
New Study Shows Post-Op Medication Errors More Common than Previously Thought, Pharmacy Error Injury Lawyer Blog, November 2, 2015.
Pharmacist Mistakenly Provides Chemotherapy Drug to Elderly Patient and Then Tries To Cover Up His Mistake, Pharmacy Error Injury Lawyer Blog, October 7, 2015.