Personal injuries arising out of negligent heath care providers may be subject to the Maryland Health Care Malpractice Claims Act. A Maryland medical malpractice attorney can guide you through the requirements and deadlines of the Act. In a June 17, 2020 case, the Court of Special Appeals considered whether the plaintiff’s delay in filing a medical malpractice complaint against a nursing home was grounds for dismissal.
The plaintiff in the case was admitted to the nursing facility for rehabilitation following his hip replacement surgery. He alleged that he developed pressure ulcers in several areas of his body during his stay there, which became infected and ultimately led to a below-the-knee amputation of his right leg.
Almost three years after he left the nursing facility, the plaintiff initiated an action under the Maryland Health Care Malpractice Claims Act. The defendant waived arbitration, which triggered the 60-day window in which the plaintiff must file his complaint in circuit court. The plaintiff missed the deadline, however, and did not file the complaint until five months later. The defendant moved to dismiss, arguing that the delay was inherently prejudicial. The circuit court granted the motion, and the plaintiff appealed.