In Maryland, the time you have to file a birth injury lawsuit depends on when the injury was discovered and who is filing the claim. While there are general deadlines, certain exceptions can extend these periods, especially when a child is involved or if injuries aren't immediately apparent. Parents of children with birth injuries need to understand these complex timelines to protect their child’s rights and pursue a case against negligent medical providers.
At Furman Honick Law, our compassionate Baltimore legal team helps families navigate these challenging situations. We fight tirelessly to secure justice and fair compensation for children who have suffered preventable birth injuries, allowing you to focus on your child's well-being.
What Is the Statute of Limitations for Birth Injury Lawsuits in Maryland?
A statute of limitations sets the deadline to file a birth injury lawsuit. In Maryland, the rules differ based on who is filing the claim and the age of the child at the time of the injury.
For Parental Claims
If parents wish to bring a claim for their own losses, such as medical expenses or emotional distress, they generally have three years from the date they discovered, or should have discovered, the injury to file a lawsuit. However, they cannot file more than five years after the date of injury, even if the injury was discovered later. This deadline applies to the parents’ personal claims stemming from their child’s birth injury.
For the Child’s Injury Claim
When a claim is brought on behalf of the child (by a parent or guardian while the child is still a minor), Maryland law “tolls” the statute of limitations until the child turns 11 years old. Once the child reaches age 11, there is a three-year window to file, meaning most birth injury claims filed by parents on behalf of a minor must usually be brought by the child’s 14th birthday.
However, if the injury involved the child’s reproductive system or was caused by a foreign object left in the body, the limitations period is tolled until the child turns 16, and the lawsuit may be filed up to the child’s 19th birthday.
If the injured child does not have a claim filed on their behalf as a minor, Maryland law provides an additional opportunity for the child to file a claim as an adult.
Does the Clock Start From Birth or Discovery?
For parents, the statute of limitations generally begins when they discover, or reasonably should have discovered, the injury, with a maximum window of five years from the date of injury.
For the child, the deadline generally does not begin until the child turns 11, regardless of when the injury was discovered.
What Exceptions Can Extend Deadlines?
Maryland law pauses the statute of limitations for children under 11 and for injuries to the reproductive system or from a foreign object. Additional exceptions may exist if the healthcare provider concealed the malpractice or left the state, but these are less common.
Can Minors File a Birth Injury Claim Later if Their Parent Does Not?
Yes. If parents do not pursue a claim, the injured child has up to three years after turning 18, until their 21st birthday, to file a lawsuit on their own. This protects a child’s right to seek compensation even if no claim was filed during childhood.
What Is the Discovery Rule in Birth Injury Cases?
The discovery rule allows parents to file a lawsuit if the injury was not discovered immediately. In these cases, the deadline starts when the injury is, or should have been, discovered, as long as that is within five years of the injury. For children, however, the tolling rules based on age generally provide more time for filing.
How Does Wrongful Death Affect Filing Deadlines?
If a birth injury leads to a child’s death, Maryland law allows parents to file a wrongful death claim. They must usually do this within three years of the child’s death.
Are There Statutes of Repose Affecting Birth Injury Suits?
Yes. In Maryland, a statute of repose sets a strict deadline for filing medical malpractice claims. These claims generally cannot be filed more than five years after the injury occurred, regardless of when the injury was discovered. This means that even if you only learn of the injury years later, the law usually bars claims brought after this five-year period.
This means that for most parental claims related to a child’s birth injury, the lawsuit generally must be filed within three years of discovering the injury, but never more than five years from when the injury actually happened..
As already noted, for minors injured at birth, Maryland law “tolls” (pauses) the running of the statute of limitations until a certain age.
Calculating Your Filing Deadline
Calculating the exact deadline for a birth injury lawsuit demands careful consideration. You should think about several key factors:
- The child’s age at the time of diagnosis.
- When parents discovered or should have discovered medical negligence.
- Whether a statute of repose applies to the situation.
- The specific type of claim you are filing (personal injury or wrongful death).
Below is a summary of Maryland’s statute of limitations for birth injury cases:
| Claim Type | Filing Deadline |
| Parent’s claim (own damages) | 3 years from discovery, max 5 years from injury |
| Parent/guardian filing for child | By child’s 14th birthday (11+3 rule) |
| Child’s claim as an adult | By child’s 21st birthday (18+3 rule) |
| Reproductive system/foreign object | By child’s 19th birthday (16+3 rule) |
| Wrongful death (from birth injury) | 3 years from the date of the child’s death |
A lawyer may help you determine your deadline and make a timely filing to secure your and your child’s right to recover compensation.
Frequently Asked Questions About Filing a Birth Injury Lawsuit
What Happens if I Miss the Statute of Limitations?
Courts often dismiss cases filed after the statute of limitations expires. Missing the deadline may prevent you from filing a lawsuit, and you could lose your right to pursue compensation.
Can I Sue if My Child’s Injury Was Diagnosed Years after Birth?
Possibly. The discovery rule may allow a lawsuit if you file within three years of learning about the injury. However, in many cases, the statute of repose must not have expired.
How Long Do I Have to File if the Hospital Hid the Injury?
If a healthcare provider concealed an error, the timeline might be extended due to fraud. You should consider speaking with an attorney immediately to discuss this complex situation.
Is There a Time Limit for Filing a Lawsuit as an Adult for a Birth Injury?
Yes. In Maryland, the injured person usually has until age 21 (three years after turning 18) to file their lawsuit.
Should I Consult a Lawyer Even if I Think I Still Have Time?
Yes, absolutely. Legal timelines are often complex. Waiting could unintentionally jeopardize your case. A lawyer may get to work right away on your case and determine the deadline for your claim.
Protect Your Child’s Future With Furman Honick Law
Navigating birth injury lawsuits and their statutes of limitations can be confusing and stressful. At Furman Honick Law, our Baltimore birth injury lawyers fight tirelessly for families like yours. We may help you understand your legal options.
If your child has suffered a birth injury due to medical negligence in Baltimore or anywhere in Maryland, do not wait. Call us today at (410) 406-7890 for a free, compassionate consultation. You pay nothing unless we recover compensation for your family.