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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 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 Maryland 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’s Medical Malpractice Damage Caps

Current Limits for 2024

In Maryland medical malpractice cases, there are specific limits on how much money can be awarded for non-economic damages, which include compensation for pain and suffering. For cases in 2024, the standard cap is $890,000. This amount increases to $1,112,500 if the case involves a wrongful death with two or more beneficiaries, such as a spouse and children. Starting January 1, 2025, these caps will increase to $905,000 and $1,131,250 respectively.

Non-Economic Damages in Medical Malpractice

Non-economic damages cover the human costs of medical malpractice that can’t be measured in dollars and cents. These include physical pain, emotional suffering, loss of enjoyment of life, and similar hardships. While these damages are important, Maryland law places limits on how much can be awarded to keep medical malpractice insurance costs manageable.

History and Annual Increases

Maryland’s current system began on January 1, 2005, when the state set an initial cap of $650,000 for non-economic damages. To account for inflation, this cap increases by $15,000 every January 1st. This annual increase has continued since 2009, leading to today’s current caps.

Special Rules for Wrongful Death Cases

When medical malpractice results in death, the rules become more complex. If two or more family members file a claim (for example, a spouse and children), the cap increases to 125% of the regular amount. This higher cap applies whether the case involves only a wrongful death claim or combines wrongful death and personal injury claims. The number of family members involved doesn’t change this cap further.

How These Caps Work in Practice

The legal process has specific rules about how these caps are applied:

  • Juries are not informed about these limits when making their decisions
  • If a jury awards more than the cap allows, the judge will reduce the amount accordingly
  • In wrongful death cases with multiple family members, the court gives priority to primary claimants (spouses and minor children) over secondary claimants (such as adult children)
  • When necessary, awards are reduced proportionally to stay within the cap

Other Types of Damages

While non-economic damages are capped, other types of compensation follow different rules:

Past Medical Expenses:

  • Awards are limited to medical bills already paid
  • Plus any unpaid medical bills the patient is still responsible for

Future Expenses:

  • The court may bring in a neutral expert to calculate future medical costs and lost earnings
  • Both sides typically share the cost of this expert equally

Important Considerations

These rules apply only to medical malpractice cases that occurred on or after January 1, 2005. Even when multiple people file claims for the same medical injury, they must share the same cap. The cap represents the total amount available for all claims arising from a single incident of medical malpractice.

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 2024, the cap on non-economic damages in a regular personal injury action in Maryland is $950,000. This means that the maximum amount you can recover for pain and suffering damages in a personal injury lawsuit is $950,000, 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.

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?After a medical injury, you need someone who understands both your situation and the law. A Regan Zambri Long medical malpractice attorney will guide you through the legal process while you focus on healing. We’ll work to secure the compensation you deserve, handling the complex details of your case so you don’t have to.

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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