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GEISZ v. GREATER BALTIMORE MEDICAL

No. 131, September Term, 1987.

313 Md. 301 (1988)

545 A.2d 658

ELAINE GEISZ, PERS. REP. OF THE ESTATE OF STEVEN F. GEISZ, AND AS MOTHER AND NEXT FRIEND OF STEVEN GEISZ II v. GREATER BALTIMORE MEDICAL CENTER, GEORGE J. RICHARDS, JR., M.D., AND RICHARDS, HIRSCHFELD & ASSOCIATES, P.A.

Court of Appeals of Maryland.

August 5, 1988.

Attorney(s) appearing for the Case

Howard A. Janet and Diane G. Goldsmith (Stephen L. Snyder and Snyder & Janet, on brief), Baltimore, for appellant.

Roy L. Mason (Mary Alane Downs, Susan A. Polis, and Donahue, Ehrmantruat & Montedonico, Chartered, on brief), Baltimore, Mark D. Gately (argued) (Timothy L. Mullin, Jr., Mark A. Wesker and Miles & Stockbridge, on brief), Baltimore (Joseph C. Wich, Jr., Kathleen Gallogly Cox and Cook, Howard, Downes & Tracy, on brief), Towson, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

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...

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