Medical malpractice cases are often high profile, and many states have reacted by instituting some type of tort reform that puts a cap on damages awarded in malpractice cases. Theoretically, a cap on damages is meant to lower the cost of health care by limiting awards that insurance companies must pay out in malpractice cases. It is hoped that lower awards will result in lower premiums charged to doctors, a savings that should be passed on to consumers. With healthcare costs skyrocketing, medical malpractice caps are seen as a way to rein in costs.
Maryland is one of the many states that have enacted limits on non-economic damages in medical malpractice cases. Non-economic damages include intangible injuries such as pain and suffering. The federal government has recently taken up the debate of instituting a national medical malpractice cap.
Some facts about the Maryland damages cap include the following:
The limited non-economic damages include pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other non-pecuniary damages.
Punitive damages are not subject to the cap. Punitive damages may be awarded in medical malpractice cases where there is clear and convincing evidence of evil motive, intent to injure, or fraud.
The damage cap applies to each direct victim as well as to parties that claim injury by or through the victim.
The cap also applies to wrongful death actions. In a wrongful death suit, the total recovery of all beneficiaries cannot exceed 150 percent of the cap.
If you have questions about how the medical malpractice cap may apply to your situation, do not hesitate to reach out to a medical malpractice attorney in Maryland. Our lawyers will be happy to examine the facts of your case and explain the details of the medical malpractice cap to you.
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If you are a malpractice victim and need experienced legal representation in Maryland, contact us online, or call (888) 695-2963 for a free initial consultation. We also serve clients in the District of Columbia and Virginia.