Baltimore Medical Malpractice Lawyers: How Has Medical Malpractice Legislation Changed Over Time?September 16, 2014
In the United States, medical malpractice law has changed significantly over time. Medical malpractice suits did not begin appearing in the United States with any sort of regularity until the 1800s, and up until the 1960s, legal claims for malpractice were rarely seen.
Beginning in the 1960s, however, the frequency of medical malpractice claims began to steadily increase, prompting the development of related state laws. Current medical malpractice law has its roots in 19th-century English common law, which derives from the legal system in England and Wales. In the United States, medical malpractice legislation is under the authority of each individual state. As a result, laws governing the topic vary depending on the state, though the underlying principles are similar.
In the past 30 years, various state legislatures have passed a number of statutes that have changed medical malpractice governing principles. For example, each state has established its own statute of limitations specifying the number of years a patient has to file a lawsuit. In Maryland, the statute of limitations ranges from three to five years, though the state has also ruled to grant exceptions to this limit for minors. In addition, the state of Maryland places its own cap on noneconomic medical malpractice damages, which increases each year.
Medical malpractice laws can be confusing, and it’s best to approach a potential claim with the help of a skilled attorney. If you’re considering action after healthcare negligence affects your family, speak with an experienced Maryland medical malpractice attorney at LeViness, Tolzman & Hamilton, P.A..