Geisz v. Greater Baltimore Medical Center

RODOWSKY, Judge.

This wrongful death and survival action alleging medical malpractice was filed more than ten years after the patient died of cancer. Injury to the patient occurred before the earliest' statute of repose for medical malpractice claims was enacted. Consequently, the issue as to the survival claim is whether it is barred under the discovery rule of the general three year statute of limitations. We shall hold that it is not barred. Whether the wrongful death claim was timely turns on the applicability of Md.Code (1974, 1984 RepLVol.), § 5-203 of the Courts and Judicial Proceedings…