Understanding Non-Economic Damages Caps in Baltimore

Understanding Non-Economic Damages Caps in Baltimore | Medical Malpractice Lawyer in Baltimore | The Banks Firm

If you find yourself in need of a medical malpractice lawyer in Baltimore, understanding the landscape of non-economic damages caps becomes crucial. In Maryland medical malpractice cases that emerge in 2023, the limit for non-economic damages stands at $875,000. However, in wrongful death cases where two or more surviving family members are involved, the cap increases to $1,093,750. It is important to note that there are no restrictions or limits on economic damages in these cases.

These caps, which limit the compensation victims can receive for intangible losses, are an important aspect of seeking justice in medical malpractice cases.

Non-Economic Damages Caps from Your Medical Malpractice Lawyer in Baltimore

When it comes to medical malpractice cases in Baltimore, Maryland, it’s important to note that there are caps on non-economic damages. Non-economic damages encompass pain and suffering, emotional distress, loss of consortium, and diminished quality of life, and they aim to compensate victims for intangibled harm they have experienced.

Maryland Damage Cap Chart

The cap on damages for Maryland medical malpractice claims varies depending on the year in which the injury or death occurred. Here is a breakdown of the cap specifically for pain and suffering damages in such cases, categorized by year:

Cause of action arises on or after Limit on all claims from same medical injury (except wrongful death) Limit on all claims if wrongful death cases is filed with two or more beneficiaries Total limit
1/1/2024 $890,000.00 $1,112,500.00 $1,112,500.00
1/1/2023 $875,000.00 $1,093,750.00 $1,093,750.00
1/1/2022 $860,000.00 $1,075,000.00 $1,075,000.00
1/1/2021 $845,000.00 $1,056,250.00 $1,056,250.00
1/1/2020 $830,000.00 $1,037,500.00 $1,037,500.00
1/1/2019 $815,000.00 $1,018,750.00 $1,018,750.00
1/1/2018 $800,000.00 $1,000,000.00 $1,000,000.00
1/1/2017 $785,000.00 $981,250.00 $981,250.00
1/1/2016 $770,000.00 $962,500.00 $962,500.00
1/1/2015 $755,000.00 $943,750.00 $943,750.00
1/1/2014 $740,000.00 $925,000.00 $925,000.00
1/1/2013 $725,000.00 $906,250.00 $906,250.00

Implications for Medical Malpractice Cases

The non-economic damages caps in Maryland can have a significant impact on medical malpractice cases. The Maryland General Assembly has established a lower cap for medical malpractice cases compared to other claims involving negligence. Consequently, the value assigned to pain and suffering in Maryland is reduced when the injuries or death are a result of medical malpractice.

While economic damages, such as medical expenses and lost wages, remain uncapped, the limitations on non-economic damages aim to provide predictability for insurance companies, healthcare providers, and defendants. However, it is essential to acknowledge the potential concerns associated with these caps.

Many argue that medical malpractice victims are undercompensated for the full extent of their suffering under Maryland’s current non-economic damages cap.  Neighboring jurisdictions such as Pennsylvania and Washington, D.C. have no caps on medical malpractice non-economic damages.   Additionally, critics contend that caps may disproportionately affect vulnerable individuals, limiting their access to justice and potentially undermining equal treatment under the law.

Are There Any Limits on Damages in a Malpractice Case?

In the state of Maryland, there exists a cap on the damages that a plaintiff can be awarded for “pain and suffering” in medical malpractice cases. However, it is important to note that there are no restrictions on the amount of economic damages, such as lost income or medical expenses, that a plaintiff may receive.

Consulting with a Medical Malpractice Lawyer in Baltimore

Navigating the complex landscape of medical malpractice cases and non-economic damages caps requires expert legal guidance. If you or a loved one has been a victim of medical malpractice in Baltimore, it is crucial to consult with Damien Banks, a qualified medical malpractice lawyer in Baltimore. Damien Banks can assess the specifics of your case, help you understand the implications of non-economic damages caps, and work diligently to pursue the justice and compensation you deserve. Contact us today to learn more.

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