What is the average medical malpractice settlement in Maryland?

Common Malpractice Claims in Maryland

The average medical malpractice settlement in Maryland can significantly fluctuate based on a multitude of factors including the degree of injury sustained and the specifics surrounding the incident, with settlements ranging from hundreds of thousands to multiple millions of dollars for the most severe cases. When it comes to common malpractice claims in Maryland, there are several categories that these cases typically fall into:

• Misdiagnosis or delayed diagnosis: This includes situations where a healthcare provider either incorrectly diagnoses a condition or fails to diagnose it in a timely manner, potentially leading to delayed treatment and a worsened health outcome for the patient.
• Surgical errors: These are cases where a surgeon makes a critical error during a procedure, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to the patient’s body.
• Medication errors: This involves incidents where a healthcare provider prescribes or administers the wrong medication, or the wrong dosage, or fails to consider the patient’s allergies or other medications, resulting in harm to the patient.
• Birth injuries: These are injuries sustained by a newborn due to medical negligence during labor and delivery. This can include conditions like cerebral palsy, Erb’s palsy, or other physical or cognitive impairments.
• Failure to treat: This category includes situations where a healthcare provider fails to provide the necessary and appropriate treatment for a diagnosed condition, leading to a deterioration of the patient’s health or the development of additional health issues.

Factors influencing Maryland medical malpractice settlement amounts

There are approximately 1,000 medical malpractice deaths a day in the United States, according to the Maryland Association for Justice. There are several key factors that can significantly influence the amount of a medical malpractice settlement in Maryland:

• Severity of the injury: The extent and severity of the injury or harm suffered by the patient is one of the most significant factors. More severe injuries that result in long-term or permanent disability, disfigurement, or death typically lead to higher settlement amounts.
• Degree of negligence: The level of negligence or fault attributed to the healthcare provider can impact the settlement amount. Cases where the provider’s actions are found to be grossly negligent or intentional may result in higher settlements.
• Economic damages: Economic damages include quantifiable costs such as medical bills, rehabilitation costs, lost wages, and future lost earnings. The total amount of these expenses can significantly influence the settlement amount.
• Non-economic damages: Non-economic damages cover non-quantifiable losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Maryland has a cap on non-economic damages in medical malpractice cases, which can affect the final settlement amount.
• Patient’s pre-existing conditions: The presence of any pre-existing health conditions in the patient can affect the settlement, as the defense may argue that these conditions contributed to the harm suffered.
• Quality of legal representation: The quality and experience of the legal representation can play a crucial role in the settlement outcome. Skilled attorneys, like those at Zambri, Regan & Long PLLC, can help maximize the settlement amount.
• Insurance policy limits: The limits of the healthcare provider’s malpractice insurance policy can also impact the settlement amount, as there may be a maximum amount that can be awarded.
• Comparative negligence: If the patient is found to be partially at fault for the harm suffered, this can reduce the settlement amount.

Maryland medical malpractice statistical trends and averages

Maryland, like many states, does not publicly disclose specific settlement amounts for medical malpractice cases, which can make it difficult to provide precise averages or statistical trends. However, several general observations can be made about medical malpractice cases in Maryland:

• Settlement amounts: While it is challenging to pinpoint exact averages, settlements can range from hundreds of thousands to several million dollars, depending on the case’s specifics.
• Caps on non-economic damages: Maryland law places a cap on non-economic damages in medical malpractice cases. This cap is adjusted annually for inflation, but it can significantly impact the total settlement amount, especially in cases where non-economic damages would otherwise be substantial.
• Frequency of settlements vs. trials: The majority of medical malpractice cases in Maryland are settled out of court. This trend reflects the general preference for settlements in medical malpractice cases nationwide, as trials can be costly, time-consuming, and uncertain.
• Insurance company involvement: Most healthcare providers have malpractice insurance, and the involvement of insurance companies can influence settlement trends. Insurance companies are often motivated to settle cases to avoid the costs and risks associated with going to trial.
• Jurisdictional differences: There can be differences in settlement amounts and trends depending on the specific jurisdiction within Maryland. Some areas may have higher or lower average settlements, reflecting the local cost of living, jury demographics, and other factors.
• Pandemic impact: The COVID-19 pandemic has also impacted medical malpractice trends, with some cases delayed and changes in the healthcare landscape influencing the types of claims being filed. 

Maryland medical malpractice case examples and precedents

Maryland has seen various medical malpractice cases that have set important precedents and highlighted significant aspects of the state’s medical malpractice law. For example, cases have addressed issues like the standard of care expected from healthcare providers, the statute of limitations for filing a claim, and the admissibility of certain types of evidence in court.

• One notable case is Walzer v. Osborne, where the Maryland Court of Appeals clarified the requirements for expert witnesses in medical malpractice cases. The court held that an expert witness must have clinical experience in the same field as the defendant healthcare provider at the time of the alleged malpractice.
• In another landmark case, Furman v. Sheppard, the court addressed the issue of informed consent, holding that a physician has a duty to inform patients of the risks, benefits, and alternatives of a proposed treatment.

These cases, among others, have helped shape the legal landscape of medical malpractice in Maryland, setting important precedents that continue to influence how these cases are handled today.

Role of legal representation in Maryland medical malpractice cases

Having skilled legal representation is crucial in Maryland medical malpractice cases. Here are some ways that a lawyer can assist:

• Case evaluation: An experienced lawyer will assess the merits of your case, helping you understand its strengths and weaknesses
• Evidence gathering: A lawyer will conduct a thorough investigation, gathering necessary evidence such as medical records, expert testimony, and witness statements.
• Legal expertise: An attorney will navigate the complex legal landscape of Maryland medical malpractice law, ensuring that all relevant statutes and precedents are considered.
• Negotiation: Skilled negotiators, lawyers can deal with insurance companies and opposing counsel to reach a favorable settlement.
• Trial representation: If a settlement cannot be reached, a lawyer will represent you in court, presenting your case and advocating for your rights.
• Contingency fee basis: Many medical malpractice lawyers in Maryland operate on a contingency fee basis, meaning you won’t have to pay unless you receive compensation.

Having a knowledgeable and experienced lawyer, like those that makeup our team of medical malpractice attorneys at Regan Zambri Long LLC, can significantly impact the outcome of your case.

Regan Zambri Long PLLC has a well-earned reputation for securing outstanding financial outcomes in medical malpractice cases in Maryland, often achieving settlements in the range of hundreds of thousands to millions of dollars. With a team of seasoned attorneys who have a comprehensive understanding of the intricate medical malpractice laws in the state, we are uniquely positioned to handle even the most complex cases. Our unwavering commitment to upholding the rights of victims and ensuring they are adequately compensated is evident in their track record of successful settlements and verdicts. Opting for Regan Zambri Long PLLC means you are selecting a firm that will not rest until you have received the justice you deserve and the maximum possible compensation for your ordeal. Our dedication and tenacity make us the premiere choice for anyone seeking reparation in a medical malpractice case. When you choose us, you are choosing a medical malpractice firm that will advocate tirelessly on your behalf, giving you the best possible chance at a favorable outcome. Call us for your free case evaluation today.