Losing a loved one to a preventable medical error shatters a family. When that error involves a misdiagnosis or delayed diagnosis of a serious condition, the grief often comes with anger, frustration, and a sense of betrayal. While nothing can bring back your loved one, a wrongful death lawsuit allows surviving family members to seek accountability and recover compensation for their devastating loss.
If you have lost a loved one due to a medical misdiagnosis, the experienced medical malpractice lawyers at Meyers, Rodbell & Rosenbaum can guide you through the legal process and fight for justice. Learn more about how Maryland medical misdiagnosis wrongful death claims work and what you can do to protect your family's rights.
How Long Do I Have to File a Medical Misdiagnosis Wrongful Death Case in Maryland?
The statute of limitations is one of the most critical aspects of any wrongful death claim. In Maryland, surviving family members generally have three years from the date of the deceased person's death to file a wrongful death lawsuit.
However, when a wrongful death involves medical malpractice, in Maryland, surviving family members generally have three years from the date that the malpractice occurred in order to file a claim for wrongful death.
Due to these strict filing deadlines, it's crucial to speak with a knowledgeable wrongful death attorney as soon as possible. An experienced lawyer can evaluate your case, explain your options, and ensure your claim is filed correctly and on time.
Who Can File a Maryland Wrongful Death Claim?
Maryland law states that only specific individuals can file a wrongful death claim:
- Primary beneficiaries. A spouse, child, or parent of a deceased person has the right to file a wrongful death claim for their emotional injuries and any economic damages due to the death of their loved one.
Additionally, a personal representative of the deceased person’s estate can file a survival claim in which the estate can recover compensation for the injuries sustained before the deceased person’s death, including their pain and suffering, lost income, and medical expenses. The law also allows the estate to recover the expenses for the funeral and burial. - Secondary beneficiaries. A sibling, cousin, niece, or nephew related to the deceased person by blood or marriage may file a wrongful death claim if there are no primary beneficiaries. More distant relatives must be able to prove they were substantially dependent on the deceased person to recover damages in a wrongful death lawsuit.
What Damages are Available in Maryland Wrongful Death Claims?
Medical malpractice wrongful death claims seek to compensate family members for the losses they have suffered due to their loved one's untimely death. Available damages include:
- Loss of financial support the deceased person provided to the family
- Loss of services, care, comfort, companionship, guidance, and protection from the deceased person
- Mental anguish, emotional pain and suffering, and loss of society
While economic damages like medical bills have a specific dollar value, non-economic damages are more subjective. An experienced wrongful death lawyer will use their knowledge of jury awards and settlements in similar cases in order to evaluate the potential compensation award.
It's important to note that Maryland caps non-economic damages in medical malpractice wrongful death cases. As of 2025, the cap is $905,000, but it increases by $15,000 yearly on January 1st. If there are two or more beneficiaries, the cap increases to 150% of the individual limit.
While no amount of money can adequately compensate for the loss of a cherished family member, a wrongful death claim can provide a much-needed sense of justice, accountability, and financial security. Holding negligent medical providers accountable can help prevent similar tragedies in the future and provide the resources your family needs to begin the healing process.
Taking legal action during this painful time can feel overwhelming, but you don't have to navigate the process alone. A skilled wrongful death lawyer will handle all aspects of your claim, from gathering evidence and consulting with medical experts to negotiating with insurance companies and advocating for your family's rights in court.
