MARVIN MANDEL, Governor                            2611

SECTION 4. AND BE IT FURTHER ENACTED, That this Act
[[is hereby declared to be an emergency measure and
necessary for the immediate preservation of the public
health and safety and having been passed by a yea and nay
vote supported by three—fifths of all the members elected
to each of the two Houses of the General Assembly, the
same shall take effect from the date of its passage]]
shall take effect June 1, 1975.

Approved April 29, 1975.

CHAPTER 545

(Senate Bill 1055)

AN ACT concerning

Statute of Limitations — Medical Malpractice

FOR the purpose of providing the statute of limitations
for actions based on malpractice by physicians.

BY adding to

Article — Courts and Judicial Proceedings

Section 5-109

Annotated Code of Maryland

(1974 Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 5—109 be and it is hereby
added to Article — Courts and Judicial Proceedings, of
the Annotated Code of Maryland (1974 Volume and 1974
Supplement) to read as follows:

Article — Courts and Judicial Proceedings

5-109.

AN ACTION FOR DAMAGES FOR AN INJURY ARISING OUT OF
THE RENDERING OF OR FAILURE TO RENDER PROFESSIONAL
SERVICES BY A PHYSICIAN SHALL BE FILED (1) WITHIN
[[EIGHT]] FIVE YEARS OF THE TIME THE INJURY WAS COMMITTED
OR (2) WITHIN [[ONE YEAR]] THREE YEARS OF THE DATE WHEN
THE INJURY WAS DISCOVERED, WHICHEVER IS THE SHORTER. IN
NO EVENT SHALL THIS TIME RUN AGAINST A MINOR UNTIL HE HAS
ATTAINED MAJORITY.