There is a cap on medical malpractice damages in Maryland. However, it only applies to non-economic damages. There are no limits on recoverable economic damages. If you can document your financial expenses and losses, you may recover their full value.
When you work with a Baltimore medical malpractice lawyer, they will help you understand the recoverable damages in your case and how the cap on non-economic damages might affect your payout. You can speak to a legal professional about your case for free today, and there are no upfront fees for hiring them to handle your case.
Understanding the Cap on Non-Economic Damages in Baltimore Medical Malpractice Claims
Maryland law caps non-economic medical malpractice damages under Maryland Courts and Judicial Proceedings § 3-2A-09. As of 2024, the limit for malpractice injuries is $890,000. The injury cap increases by $15,000 annually to account for inflation. The cap is higher for medical malpractice wrongful death cases with multiple family members seeking compensation.
This cap applies to all non-economic damages in any medical malpractice case. It covers physical pain and suffering, emotional anguish, disfigurement, loss of quality of life, and other intangible losses.
Lawmakers first passed this statutory cap in 1986. Although many legal cases have challenged the cap, the courts have supported it. Maryland also caps non-economic damages in personal injury cases, although these cases have a higher limit.
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What Are the Recoverable Damages in a Baltimore Medical Malpractice Case?
Non-economic damages are only one part of the financial compensation you may receive in a Baltimore medical malpractice case. If you suffered injuries because of a negligent doctor or other healthcare provider, you can seek a payout based on a range of financial losses in addition to your non-economic damages.
Your medical malpractice attorney will determine a fair settlement value for your case by adding your current costs with your estimated future expenses and determining a reasonable non-economic damages value. This will include expenses and losses such as:
- Past and future medical care costs from the new injuries or advancing illness you suffered because of medical negligence, such as treatment, medication, therapies, surgery, and ongoing monitoring
- Care and support costs, including in-home care, long-term care facility admission, or inpatient rehabilitation
- Current and future lost wages or other income if you missed work
- Diminished earning potential if you cannot return to your job
The medical malpractice cap does not affect these expenses and losses. You can seek their full value through a settlement or verdict. Many cases settle without going to trial, providing a fair settlement for the victim’s current and future care costs and lost wages.
The limits on recovery apply to the non-economic damages in these cases. These are the intangible losses you suffered that do not have a direct monetary value. They include:
- Physical pain
- Emotional distress
- Mental anguish
- Reduced quality of life
- Loss of enjoyment of life
- Scarring or disfigurement
When your Baltimore medical malpractice attorney assesses your recoverable damages, they can explain how the cap on these losses may affect your payout. It depends greatly on the severity of your injuries, your case’s value, your prognosis, and your case’s facts.
Even if your case goes to trial, you will not receive more than the statutory limit for non-economic damages. If the jury awards more than this cap allows, the judge will reduce the verdict to meet the cap.
How do I Recover Financial Compensation Based on Medical Malpractice?
The best way to recover the money available to you based on the circumstances of your medical malpractice injuries is to work with a personal injury lawyer who handles these cases every day. They will understand how to document your damages, mitigate the effects of the damages cap, and develop the strongest case possible to support your financial recovery.
Holding a doctor, hospital, or another medical professional legally responsible for negligence is difficult. They have malpractice insurance companies and teams of corporate lawyers who fight these allegations every day. You must have strong evidence to show how your health care provider failed to provide an acceptable standard of care and how their negligence caused your injuries. Then, you must provide evidence of your damages.
This can be challenging without a lawyer, especially if you are still dealing with your injuries or advancing illness. Medical negligence cases are legally complex and require strict adherence to the rules that govern the legal process, too.
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How Can a Baltimore Medical Malpractice Attorney Help With My Case?
When you hire a medical malpractice lawyer, you get peace of mind. You do not have to wonder if you are managing your case properly, gathering the necessary evidence, or filing the correct paperwork. Your attorney will manage the entire legal process while you focus on your well-being.
You can count on your legal team to investigate and build a case, file paperwork, and meet the necessary deadlines. They will also secure your certificate of a qualified expert, which is required for your case, per Md. Cts. & Jud. Proc. Code § 3-2C-02.
Getting a certificate of a qualified expert is often difficult for individuals who attempt to represent themselves. This certificate comes from a qualified expert who verifies that your case has merit. This medical expert is generally another doctor or specialist who will review your medical records and other evidence and determine whether the care you received was appropriate.
Your attorney will likely have a robust network of potential expert witnesses they can call to secure a certificate of a qualified expert in your case.
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Jenner Law represents victims of medical malpractice in Baltimore, Maryland. We provide free initial case consultations and can assess if you have a valid medical malpractice case. Let’s discuss your legal options today. Contact us now to get started.
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