Q: Can I still sue now after five years?
Five years ago I found out doctor misdiagnosed me. I have learning disability and didn't know doctor could be at fault for making my misdiagnosed worst.
A:
Maryland Courts & Judicial Proceedings Code Section 5-109, says that a med-mal case must commence within five years of the time that the injury was committed, or within three years of the date the harm was discovered.
Is is hard to foreclose any possibility because there are discovery rule loopholes that you could theoretically have a chance of availing yourself to and argue that the statute of limitations has not passed. I would need to know more facts to know for sure. But based on the limited facts you have presented, the odds are against your having a claim. You should contact an attorney licensed in Maryland to be certain.
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