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§ 5-109. Suits against health care providers

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 1. Limitations (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-109
§ 5-109. Suits against health care providers
In general
(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.
Claimants under 11 years of age at time of injury
(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.
Injuries to reproductive system of claimant or foreign objects left in claimant’s body
(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.
Filing claim with Health Care Alternative Dispute Resolution Office
(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.
Construction with § 5-201 relating to causes of action by a minor
(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.
Construction with §§ 5-201 and 5-203
(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.

Credits

Added by Acts 1987, c. 592, § 1, eff. July 1, 1987. Amended by Acts 1988, c. 6, § 1, eff. Feb. 18, 1988; Acts 2004, 1st Sp. Sess., c. 5, § 5, eff. Jan. 11, 2005.

Editors' Notes

VALIDITY
<See Piselli v. 75th Street Medical, 2002, 808 A.2d 508, 371 Md. 188.>
HISTORICAL AND STATUTORY NOTES
2004 Legislation
Acts 2004, 1st Sp. Sess., c. 5, § 5, renamed the Health Claims Arbitration Office as the Health Care Alternative Dispute Resolution Office.
Prior Laws:
Former Courts and Judicial Proceedings § 5-109, repealed by Acts 1987, c. 592, § 1, eff. July 1, 1987.
MD Code, Courts and Judicial Proceedings, § 5-109, MD CTS & JUD PRO § 5-109
Current through all legislation from the 2017 Regular Session of the General Assembly
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