Maryland Courts and Judicial Proceedings Section 5-109

Article - Courts and Judicial Proceedings

§ 5-109.

      (a)      An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in § 3-2A-01 of this article, shall be filed within the earlier of:

            (1)      Five years of the time the injury was committed; or

            (2)      Three years of the date the injury was discovered.

      (b)      Except as provided in subsection (c) of this section, if the claimant was under the age of 11 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 11 years.

      (c)      (1)      The provisions of subsection (b) of this section may not be applied to an action for damages for an injury:

                  (i)      To the reproductive system of the claimant; or

                  (ii)      Caused by a foreign object negligently left in the claimant's body.

            (2)      In an action for damages for an injury described in this subsection, if the claimant was under the age of 16 years at the time the injury was committed, the time limitations prescribed in subsection (a) of this section shall commence when the claimant reaches the age of 16 years.

      (d)      For the purposes of this section, the filing of a claim with the Health Care Alternative Dispute Resolution Office in accordance with § 3-2A-04 of this article shall be deemed the filing of an action.

      (e)      The provisions of § 5-201 of this title that relate to a cause of action of a minor may not be construed as limiting the application of subsection (b) or (c) of this section.

      (f)      Nothing contained in this section may be construed as limiting the application of the provisions of:

            (1)      § 5-201 of this title that relate to a cause of action of a mental incompetent; or

            (2)      § 5-203 of this title.