What is the Cap on Medical Malpractice Damages in Maryland?

In Maryland, medical malpractice cases are governed by specific laws that establish caps on damages. Understanding these caps is crucial for both potential plaintiffs and legal practitioners. The cap on non-economic damages—such as pain and suffering, emotional distress, and loss of companionship—is set to provide a limit on the amount of compensation a victim can receive for these types of damages.

As of 2023, the cap on non-economic damages in Maryland is $895,000. This figure has been incrementally increased since the Maryland General Assembly enacted this law in 1986. Importantly, this cap is subject to annual adjustments for inflation; thus, it may rise in future years.

It’s worth noting that the cap applies to non-economic damages only. Economic damages, which include medical expenses, lost wages, and other financial losses, do not have a cap and can be recovered in full. This distinction is significant, especially in complex medical malpractice cases where economic harms can far exceed non-economic harms.

Maryland also has provisions for certain special cases. If the medical malpractice incident results in a wrongful death, the existing cap may be expanded. In cases where the victim is particularly grievously harmed, whether due to childhood medical negligence or other severe circumstances, caps may vary, reflecting the complexity and severity of each individual case.

The cap on damages aims to balance the needs of medical malpractice victims while also addressing the concerns of healthcare providers regarding excessive jury awards that could impact the cost and availability of healthcare in the state. Critics argue that the cap can limit fair compensation for victims of malpractice, while supporters claim it helps to maintain a stable healthcare system.

For individuals considering filing a medical malpractice claim in Maryland, it is crucial to consult with an experienced attorney who understands the nuances of Maryland’s medical malpractice laws. An attorney can help navigate these complex legal waters, ensuring that victims are fully informed about their rights, the potential recoverable damages, and the implications of the state's damage caps.

In conclusion, while Maryland's cap on medical malpractice damages provides a framework for compensation, it is essential for victims to have knowledgeable legal representation to ensure they receive the justice they deserve.