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The next requirement is to ensure that the claim is filed within the statute of limitations, otherwise known as the deadline for filing a malpractice lawsuit. Generally speaking, in Maryland, the statute of limitations for filing a medical malpractice claim is three years from the date of the alleged negligence if the incident happened when the person was 18 or older. That deadline sometimes can be delayed until three years after the date the negligence was or should have been discovered. However, in no case (other than a case involving a minor, who would have until their 21st birthday to file a claim) can a medical malpractice claim be filed more than five years from the date of the alleged malpractice, regardless of when the alleged negligence was discovered.

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