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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I had a procedure done in April 2009. The doctor had to go

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I had a procedure done in April 2009. The doctor had to go back and fix something 2 months later. He told me that I need to give it some time to heal. Well I healed but the result was not good. I am actually still suffering pain from this procedure and I actually lost one of my most valuable senses. As I was going threw some of my papers, I came across documents that I signed only for one thing. My doctor did totally opposite of what I gave consent to. I live in MD and I read about statute of limitations for malpractice claims. There is a 3 year and a 5 year rule. I believe that I fall under the 5 year rule because I recently discovered the paperwork that shows that he did not have my informed consent to do some of the things in that first procedure which caused my pain and loss. Please advise.
Hi,

Thank you for your question. Unfortunately, you have the statute confused. The statute of limitations in medical malpractice cases in Maryland is five years from the time the injury was committed or three years from the date the injury was discovered, whichever is shorter.

Your confusion probably does not mean that your case is not still possible. Your situation will fall under the five year rule, not based on your "discovery" that there was no informed consent, but rather simply on when the surgery was performed. The failure of the doctor to obtain your informed consent might lead rise to an assault case (which are normal claims accompanying medmal claims) if you can establish that this is not some sort of procedure that accompanies the procedures to which you did give consent. You should consult with an experienced local medmal attorney to determine whether you have a case worth pursuing.

Please let me know if you have further questions on this matter.

Best Regards,
ZDN
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