Wilcox v. OrellanoAnnotate this Case
Plaintiff filed a medical malpractice complaint against Respondent-doctor alleging that Respondent was negligent in failing to diagnose and treat her post-surgical infection. Because Plaintiff failed to file the required expert report to prosecute her first claim against Respondent, Plaintiff voluntarily dismissed the complaint. Plaintiff later filed a three-count complaint that was similar to her first complaint and that included a new claim of negligence related to her initial surgery. The circuit court dismissed the complaint because the claim was filed after the expiration of the relevant period of limitations. The Court of Appeals affirmed, holding that Plaintiff could not rely on the saving provision of Md. Code Cts. & Jud. Proc. 5-119(b) to refile her untimely claim because she voluntarily dismissed her previous claim.