Maryland Medical Malpractice Law Firm: Is There a Cap on My Medical Malpractice Claim?September 16, 2014
The lawyers at the Maryland medical malpractice law firm of LeViness, Tolzman & Hamilton, P.A. know that medical malpractice can occur whenever a patient is harmed by a health care professional who has failed to perform medical duties in a competent or adequate manner. Generally, succeeding with a malpractice lawsuit requires proving a few basic conditions, including the following:
- A doctor-patient relationship existed.
- The doctor behaved in a negligent way.
- This negligence led to an injury.
- The injury caused specific damages, such as undue medical costs, physical pain, mental distress or lost earnings.
Like many other states, Maryland has passed legislation placing a limit on certain kinds of medical malpractice damages. As of this year, the state’s cap is at $740,000 for noneconomic damages — which include pain and suffering, anxiety, reduced enjoyment of life and any other damages not easily measured in dollar amounts — on any claim resulting from the same medical injury. This limit applies even if there are multiple defendants involved in the case. In addition, Maryland passed a law requiring the noneconomic damage limit to increase by $15,000 each year. In accordance with this law, the cap will be $755,000 in 2015, $770,000 in 2016 and so on.
It’s important to note that this cap applies only to noneconomic damages, and does not have an effect on the other damages a medical malpractice plaintiff can pursue. These damages include real and estimated costs of ongoing medical care, past medical expenses and reimbursement for lost income due to missed work.
Victims who suffer injury or illness due to the negligent actions or inactions of a health care practitioner or facility have the right to file a claim for compensation. Reach out to an experienced Baltimore medical malpractice attorney for legal support at the medical malpractice law firm of LeViness, Tolzman & Hamilton, P.A..