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Cap on Noneconomic Damages in Maryland Medical Malpractice Claims

A cap on personal injury claims is when there is a maximum limit on the amount of money a medical malpractice victim can obtain in a Maryland medical malpractice lawsuit or wrongful death lawsuit. Caps on damages vary by state.

In Maryland, medical malpractice claims have no cap on economic damages. However, there is a cap on non-economic damages, which can significantly impact the amount you recover.

If you’ve been the victim of medical malpractice in Maryland or have more questions regarding medical malpractice lawsuits, contact a medical malpractice attorney at Regan Zambri Long. During a free consultation, our team of experienced attorneys will answer all your questions and give you a fair assessment of your case.

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Maryland Medical Malpractice and Damages

Medical malpractice claims are based on medical negligence where a licensed healthcare provider fails to act in a way that meets the standards of another reasonably competent medical professional. The four elements needed to prove negligence are a duty of care, breach of duty of care, causation, and damages.

If negligence is proven, the medical malpractice victim has the right to the following damages: economic damages, non-economic damages, punitive damages, and wrongful death damages. The focus in medical malpractice claims is on compensatory damages, which aim to cover medical expenses, lost wages, and pain and suffering to restore the victim to their pre-injury state.

These types of damages are:

Economic damages

Economic damages are tangible financial losses. They include medical expenses, hospital bills, future medical expenses, and ongoing medical care. A victim can also collect compensation for lost wages and loss of future earning capacity.

For future damages, including future medical expenses, the amount will depend on the plaintiff’s recovery. Future damages generally encompass anticipated medical bills and potential loss of income due to the injury.

Non-economic damages

Non-economic damages are intangible losses in a medical malpractice case. They include pain and suffering, permanent disfigurement, chronic pain, and emotional trauma.

Punitive damages

Punitive damages are the least likely in any personal injury lawsuit. Punitive damages punish the defendant rather than award the victim. These damages are included when the defendant’s behavior was malicious, egregious, and recklessly negligent.

Non-economic and wrongful death damages caps

Maryland wrongful death lawyerThe law limits how much can be awarded for non-economic damages in medical malpractice cases in Maryland. This cap is outlined in the Maryland Code, specifically § 3-2A-09. The key points are:

  • The cap applies to non-economic damages such as pain and suffering, emotional pain, permanent disability, and loss of enjoyment of life. They are subjective and difficult to quantify in dollars.
  • The cap increases annually: To keep up with inflation, the cap on noneconomic damages goes up by $15,000 each year.
  • The current cap (as of 2023) is $875,000: This means that even if your pain and suffering are severe, the maximum you can recover in court is $875,000 for non-economic damages.
  • There is a higher cap for wrongful death claims with two or more beneficiaries: If you lost a loved one due to medical malpractice and there are two or more survivors, the wrongful death claim cap increases to $1,093,750.
  • The cap applies to all claims arising from the same medical injury: If you and other family members have separate claims related to the same incident, the total amount awarded for noneconomic damages cannot exceed the applicable cap.

Important things to remember:

  • This cap only applies to noneconomic damages. Without any cap, you can still recover your full economic damages, like medical bills and lost income.
  • Juries are not informed about the cap during the trial. If the jury awards damages that exceed the cap, the judge will reduce that award after the verdict.
  • If you have questions about the cap or how it applies to your case, it is important to consult with an experienced medical malpractice lawyer at Regan Zambri Long.

Are there caps on other personal injury cases in Maryland?

Yes, Maryland also places a cap on non-economic damages in regular personal injury cases, not just medical malpractice cases. This cap applies to any personal injury action arising on or after July 1, 1986.

As of 2023, the cap on non-economic damages in a regular personal injury action in Maryland is $935,000. This means that the maximum amount you can recover for pain and suffering damages in a personal injury lawsuit is $935,000, regardless of the severity of your injuries. To learn more about the limits on personal injury compensation, talk to a Maryland personal injury attorney at Regan Zambri Long.

How Are Pain and Suffering Damages Calculated in Medical Malpractice?

Putting a dollar amount on the intangible anguish of a medical error can feel cold and insensitive, yet it is essential to obtain fair compensation for these invisible wounds. Our medical malpractice attorneys at Regan Zambri Long understand the complexities of pain and suffering damages. Over the last three decades, we’ve successfully translated our clients’ emotional distress into a tangible value.

We meticulously document your experiences, work with expert witnesses, and pore over your medical and hospital records. We know the legal precedents in Maryland, are well-versed in Maryland Law and courts and will build a compelling case for your lawsuit.

Birth Injury Cases

For birth injuries, the picture becomes even more complex. Imagine the pain and suffering not just of the child but also the painful grief of parents who witness their child’s life irreversibly altered through the negligence of others. Here, your lawyer’s role is to translate not just the physical limitations but also the emotional trauma, the loss of dreams and aspirations, and the lifelong challenges faced by both child and family. We will fight to ensure that the financial burden does not add to your emotional burden. Our mission is to recover maximum compensation, allowing you and your injured child to access the care and resources you need to navigate this new reality.

While no money can truly erase the pain and suffering caused by a medical error, fair compensation can offer some semblance of justice and a path toward healing. With a dedicated personal injury lawyer by your side, your voice can be heard, your experiences validated, and the intangible damages you’ve endured can be translated into the tangible means needed to rebuild your life.

Regan Zambri Long Maryland Medical Malpractice Lawyers

What is the cap on medical practice damage sin Maryland?In the aftermath of medical negligence, you’re facing not only physical and emotional trauma but also a complex legal system with its own set of challenges. Dealing with the ins and outs of a medical malpractice claim while grappling with the effects of a medical error can feel overwhelming. That is where a dedicated Regan Zambri Long medical malpractice lawyer steps in, acting as your champion and ensuring you get the maximum compensation you deserve.

Maryland imposes a medical malpractice damage cap, meaning there is a limit to how much compensation for pain and suffering, emotional distress, and other intangible losses. Without an experienced lawyer, you risk leaving money on the table, unable to fully recover for the true impact of the medical error on your life.

But Regan Zambri Long isn’t just about maximizing your financial recovery. We understand the emotional toll of medical malpractice and offer compassionate support throughout the legal process. Our malpractice team, including medical experts, will meticulously gather evidence, review medical records, build a strong case, and aggressively negotiate with the insurance company to ensure you receive every dollar you deserve, up to the legal limit. If we cannot reach a favorable settlement with the insurance company, we will take your case to trial in the Maryland courts.

By hiring a Regan Zambri Long medical malpractice lawyer, you’re not just getting legal representation; you’re gaining a powerful advocate fighting for your rights and ensuring you don’t settle for less. Our law firm has the financial backing to take on large hospitals and insurance companies. We promise to stand by you every step of the way, empowering you to focus on healing while we fight for your financial future.

Call for your free case evaluation today

Don’t let the Maryland cap for medical malpractice limit your recovery. Contact Regan Zambri Long today for a free consultation. Our lawyers work on a contingency basis, so you only pay if we win. We fight tirelessly to get you the highest compensation for your medical bills, future medical costs, lost wages, pain and suffering, and any wrongful death damages that may apply.

You can focus on healing with Regan Zambri Long by your side while we handle the rest. Call us now at (202) 960-4596 or visit our website for a free case evaluation. You deserve justice for your medical injury.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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