How Maryland’s Damage Cap Affects Medical Malpractice Cases

Complex layers of legal and medical considerations are typically part of medical malpractice cases. Part of this is that while patients who suffer due to a healthcare provider’s negligence have the right to seek compensation for their losses, Maryland law also limits certain types of compensation in these cases, known as non-economic damages. This is commonly referred to as the damage cap.

By maximizing economic damages and effectively presenting the non-economic impact, a seasoned Baltimore personal injury lawyer can ensure clients receive fair compensation within the state’s legal framework. To explore how Maryland’s damage cap could impact your claim, connect with a legal professional early in your damage recovery process.

What Are Non-Economic Damages?

In a medical malpractice case, damages are typically divided into two main categories. Economic damages cover measurable expenses such as medical bills, lost wages, and rehabilitation costs. Non-economic damages, on the other hand, account for intangible losses like pain and suffering, emotional distress, loss of companionship, and diminished quality of life.

For instance, if a patient suffers a debilitating injury during surgery, they may endure years of chronic pain and emotional trauma. These non-economic damages recognize the depth of this suffering beyond straightforward financial costs. While these losses don’t come with hard numbers, there are parameters on how non-economic settlement figures are calculated. The state of Maryland has a cap on non-economic damages as well, so the amount will need to fall within those capped guidelines, too.

Maryland’s cap on non-economic damages in medical malpractice cases is intended to create predictability in settlements and reduce the potential for runaway jury awards. For cases occurring in 2024, the non-economic damage cap is set at $890,000, and this limit increases by $15,000 annually to adjust for inflation.

Are There Ways to Maximize Claims Within the Cap?

Often attorneys are instrumental in ensuring that clients receive the highest possible compensation within legal limits. First, an attorney will meticulously document all economic damages, as these are uncapped and can cover a substantial part of a claim. By gathering evidence such as medical records, expert witness testimony, and cost projections for future care, a Baltimore personal injury lawyer can maximize the economic portion of the award to support the victim’s financial recovery.

Additionally, an attorney can help clearly illustrate the extent of non-economic damages, crafting a compelling case that communicates the emotional toll, psychological strain, and lifestyle impact of the injury. This can be essential in influencing the final award amount within the capped limit, as the persuasiveness of the case presentation can help a jury or judge understand the full weight of the victim’s suffering.

Should you seek legal support after sustaining harm in a healthcare environment? The experienced attorneys at Iamele & Iamele, LLP can help victims make the most of their claim. Though there are boundaries on some forms of compensation, with strategic legal guidance, injured individuals can still achieve meaningful justice and financial relief after experiencing medical malpractice. Contact us today to schedule a confidential consultation.