A. Limitations -- An action for damages for an injury arising out of the rendering of or failure to render professional services by a health care provider, as defined in 3-2A-01 of this article, shall be filed within the earlier of:
(1) Five years of the time the injury was committed; or
(2) Three years of the date the injury was discovered.
Waldman v. Rohrbaugh, 241 Md. 137, 215 A.2d 825 (1966). (Where the facts show continuing treatment for a particular condition during which time the malpractice occurs, the cause of action accrues at the end of the treatment for that condition. However, if the patient learns or should learn of the injury, the statute starts to run at the time of such discovery.)
Decker v. Fink, 47 Md. App. 202, 422 A.2d 389 (1980). (If during the course of treatment the patient learns or should reasonably learn that he has been injured, the statute starts to run from the time of such knowledge, actual or constructive.)
Jones v. Sugar, 18 Md. App. 99, 305 A.2d 219 (1973). (The experience, background and medical skills of the patient are relevant in determining the time she should have become aware she had an actionable claim. A nurse with orthopedic experience should have known on the date the cast was removed from her leg, revealing gangrenous areas, that she had a cause of action.)
Glenn v. Morelos, 79 Md. App. 90, 555 A.2d 1064 (1989), cert. denied, 316 Md. 427, 559 A.2d 790 (1989). (An action brought by a patient against a physician for negligent performance of a surgical procedure was barred by the statute of limitations even when it was alleged that the physician fraudulently concealed the facts from the plaintiffs and kept them in ignorance of the existence of a cause of action. An amendment adopting a discovery rule, which would have saved this action, did not apply since it was expressly made prospective only.)