In a recent case before a state appellate court, the court considered whether a spouse could be added to a wrongful death claim after the statute of limitations had expired. In that case, a man was transported to a hospital via ambulance after he began bleeding from the area where he was receiving dialysis treatment. He died three days later. The man’s wife initially did not want to participate in the lawsuit and the man’s children sued several medical providers for wrongful death. The defendants argued that the case should be dismissed because the spouse was not a plaintiff in the suit. Under the state’s wrongful death statute, children can only bring a wrongful death claim if the deceased person does not have a surviving spouse. After the statute of limitations had passed, the plaintiffs attempted to add the wife to the claim. The trial court dismissed the suit against certain defendants because the wife had not filed the claim, but allowed it to continue against the providers.
The appeals court ruled that the court should have allowed the wife to be added. The court held that in this case, the amendment adding the spouse to the lawsuit after the expiration of the statute of limitation related back to the original complaint because it arose out of the same occurrence and the defendant would not be prejudiced. The court stated that a delay in filing was not enough to deny the amendment of the spouse. Therefore, the trial court should have added the wife to the case, and the court reinstated the case.
Possible Plaintiffs Under Maryland’s Wrongful Death Statute