Resources - Important Decisions

MD-SHRM ALERT: Medical Malpractice Statute of Limitations for Minors [full article]

In Donato Piselli v. 75th Street Medical, et al., C.A. Misc 2, October 8, 2002, Maryland's highest court has once again changed the way in which the statute of limitations on minors' actions can be calculated and actions brought. In this October 8th ruling the Maryland Court of Appeals, on a certified question from the U.S. 4th Circuit Court of Appeals, ruled that a subpart of Section 5-109, Courts and Judicial Proceedings, annotated Code of Maryland passed in 1987 to reduce malpractice litigation, violates Maryland's Article 19, Declaration of Rights. The Court scrutinized the 1987 provisions and held that sections of 5-109 as drawn, unfairly "...abrogate a child's access to the courts." 

Daily Record, October 9, 2002, Section 4, "Limit on Minors' Med-mal Suits Struck Down." Section 5-109, Courts and Judicial Proceedings, annotated Code of Maryland allows suits 5 years from the time of injury or 3 years after discovery, unless the victim is under 11 when the time limits begin to run at 11. Per Piselli the time limit begins at age 18 (emphasis added).

While it is impossible to predict the ramifications of this ruling, there will most likely be some legislative posturing by medical professional liability interest groups. However, because the Court relied on the Declaration of Rights of the Maryland Constitution, the General Assembly cannot do anything about it short of a constitutional amendment.

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