Call Us Now! Toll-free 1-800-776-4529

Does Maryland Place a Cap on Medical Malpractice?

Back to articles

Posted On 06.08.17 by in Blog

U.S. News & World Report tells us that medical mistakes are the third leading cause of death in our country today. This means that ten percent (10%) of the U.S. population every year dies from poorly coordinated care or outright medical mistakes. This number is so high that it is likely in your lifetime that you or someone you love will fall victim to the “practice of medicine.”

When this happens, we turn to the law to help right the wrongs inherent in medical malpractice. Legally, medical malpractice means there was a breach of the contract you established with your physician to provide your treatment and the outcome of their behavior. When a physician provides treatment, makes a mistake, and causes harm or even, death, a medical malpractice case can be filed.

Maryland Rules for Suing for Pain and Suffering

Suing for pain and suffering in a medical malpractice case in Maryland is more about calculating pain and suffering. Maryland has established a complicated set of legal rules around these cases, including caps on the dollar amount you can sue for.

Maryland defines a healthcare provider as:

  • An ambulatory care center
  • An assisted living facility
  • A hospital
  • A medical day care
  • Nursing homes

The statutes also say you can seek damages from:

  • Chiropractors
  • Dentists
  • Optometrists
  • Osteopaths
  • Physical therapists
  • Physicians
  • Psychologists
  • Social workers

So, the good news is you can sue for pain and suffering under a medical malpractice claim. The bad news is that Maryland has joined many other states in capping the financial damages you can seek in these cases.

You can find the caps under Maryland code, section 3-2A-09. The caps, which began in 2009, have been set to increase by $15,000 annually. If you file in 2017, the cap on non-economic damages is $785,000.

It’s important to realize that you can sue for a number of issues related to “economic” damages, which could be lost wages, or hospital bills, in addition to the capped damages under the non-economic category of remuneration. The non-economic category can include compensation for anxiety, scarring, and pain and suffering, among the other detrimental effects from medical malpractice.

Maryland Wrongful Death Statutes

There are even caps on the most extreme forms of medical malpractice. If the incident of medical malpractice has caused a death, the state legislature caps awards if there are two or more beneficiaries of the funds. The total economic award cannot exceed 125% of the annual cap mentioned above for general medical malpractice.

Finding a Baltimore Medical Malpractice Attorney

We understand you have a lot of choices when it comes to finding a personal injury attorney in Baltimore. The experienced attorneys at Ingerman & Horwitz, LLP, have more than 100 years worth of experience and a strong track record of winning settlements in medical malpractice or other lawsuits that involve proving negligence or fault. We have offices in throughout the state of Maryland, and are standing by when you need help seeking justice for you and your family. Contact us for a free, no-obligation discussion.  We’re here to help.

 

 

baltimore medical malpractice attorney

Related Articles

Common Forms of Medical Malpractice

The last thing you ever want to think about when visiting a doctor is that you could leave worse off than when you arrived. Medical malpractice laws exist for...

Read Article

Which Employees are Covered by Workers’ Compensation?

As rideshare companies like Uber and Lyft gain in popularity, a growing number of people are asking “Do 1099 employees need workers’ comp?” The debate over whether rideshare drivers...

Read Article
trust trust trust trust