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MUMMERT, et al. vs. ALIZADEH, et al., No. 5, September Term, 2013, 2013 WL 5663105, ___ A.3d___(2013); Court of Appeals of Maryland ( October 18, 2013).
The Maryland Court of Appeals ruled:
In this wrongful death case " [when] the Beneficiaries filed this wrongful death action, they did so within the only time limitation imposed on such a claim by Maryland's wrongful death statute, the three-year limitation found in section 3-904(g)(1). The Decedent's failure or inability to file a timely claim for medical negligence prior to her death does not bar the action filed timely by her Beneficiaries' claim. Therefore, we reverse the Circuit Court judgment below (Washington County)
and remand this case to that court for further proceedings. '
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