Maryland · Medical Malpractice
Maryland medical malpractice damage caps and statute of limitations
Refreshed 2026. $920,000 (2026) damage cap. Earlier of 5 years from injury OR 3 years from discovery. Full breakdown below.
Damage caps
MD Courts & Jud. Proc. § 3-2A-09Non-economic damages cap
$920,000 (2026)
Total damages cap
None
Status
active
Notes
Increases $15,000 annually (since 2009). Wrongful death with 2+ beneficiaries: 125% of cap (~$1,150,000 in 2026). Economic damages uncapped. Cap applies per claim, not per defendant.
Statute of limitations
MD Code, Cts. & Jud. Proc. § 5-109Standard SOL
Earlier of 5 years from injury OR 3 years from discovery
Discovery rule
Yes; 3 years from discovery, but absolute outer limit of 5 years from injury
Statute of repose
5 years from injury (serves as outer limit)
Minor exception
For minors under 11: SOL does not expire until child's 11th birthday or within standard period, whichever is later. For minors 11+: standard tolling.
Wrongful death SOL
3 years from date of death
Notes
Health Claims Arbitration Office screening required before suit (waivable).
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Maryland med-mal FAQ
What is the medical malpractice statute of limitations in Maryland?+
Earlier of 5 years from injury OR 3 years from discovery. Yes; 3 years from discovery, but absolute outer limit of 5 years from injury Statute of repose: 5 years from injury (serves as outer limit). Wrongful death: 3 years from date of death. Health Claims Arbitration Office screening required before suit (waivable). Source: MD Code, Cts. & Jud. Proc. § 5-109.
Does Maryland have a medical malpractice damage cap?+
Non-economic cap: $920,000 (2026). Increases $15,000 annually (since 2009). Wrongful death with 2+ beneficiaries: 125% of cap (~$1,150,000 in 2026). Economic damages uncapped. Cap applies per claim, not per defendant. Source: MD Courts & Jud. Proc. § 3-2A-09.
How does Maryland handle the discovery rule in med-mal cases?+
Yes; 3 years from discovery, but absolute outer limit of 5 years from injury
What is the Maryland minor exception for medical malpractice?+
For minors under 11: SOL does not expire until child's 11th birthday or within standard period, whichever is later. For minors 11+: standard tolling.
What is the wrongful death statute of limitations for Maryland medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Maryland damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Maryland attorney before relying on a deadline. Data refreshed May 2026.