When you’re harmed by a medical professional’s mistake, thinking about what comes next can be overwhelming. You may be entitled to compensation, but Maryland law limits certain types of damages in medical malpractice cases. These limits, or caps, can affect the total amount you might recover for your pain, suffering, and other losses. Understanding how these caps work is important, especially if you’re considering a medical malpractice claim.
What Are Caps on Damages?
Caps on damages refer to legal limits on the amount of compensation you can receive in certain types of cases, including medical malpractice. In Maryland, these caps specifically apply to non-economic damages—compensation for things like pain, suffering, and emotional distress. Economic damages, which cover tangible losses like medical bills, lost income, and future care costs, are not capped.
Non-economic damages, however, are less straightforward to calculate, which is why the law limits the amount that can be awarded in these areas. The goal of caps is to place a ceiling on what victims can recover for their suffering, no matter how severe the malpractice.
It’s important to remember that while caps may restrict some aspects of your compensation, they don’t reduce the compensation you can receive for actual expenses related to your injury. This means that while your pain and suffering awards are limited, your medical costs and lost wages are fully recoverable without any caps in place.
Maryland’s Current Caps on Non-Economic Damages
As of 2024, the cap for non-economic damages in a medical malpractice case in Maryland is $950,000. This cap increases annually by $15,000, meaning it rises slightly every year. It’s important to note that the cap is higher in wrongful death cases involving more than one beneficiary. In these cases, the total cap for non-economic damages is $1,425,000, which also increases by $15,000 each year. This distinction matters because, in cases where the patient has died due to malpractice, multiple family members may be affected, and the law reflects this by allowing a higher limit on damages.
These caps are intended to place a ceiling on the amount a jury can award for intangible losses. While they don’t limit economic damages like medical bills or lost earnings, they can significantly impact the overall compensation you receive for the emotional and personal effects of medical malpractice.
Why Maryland Has Caps on Damages
Maryland imposes caps on non-economic damages in medical malpractice cases for several reasons. One of the main goals is to control rising healthcare costs by limiting the financial burden on doctors and insurance providers. Supporters argue that these caps help keep malpractice insurance premiums manageable for healthcare professionals, which can ultimately reduce the cost of healthcare for everyone.
On the other hand, critics believe that caps unfairly limit compensation for victims of malpractice, particularly in cases of severe injury or death. They argue that caps restrict a victim’s ability to receive full compensation for their suffering, even if a jury believes more is warranted. Despite the debate, these caps remain in place as a way to balance the interests of patients and the healthcare system as a whole in Maryland.
How We Can Help You Pursue a Fair Recovery
At Simeone & Miller LLP, we understand that medical malpractice can leave you facing significant physical, emotional, and financial challenges. While Maryland’s caps on non-economic damages may limit certain parts of your compensation, we are committed to helping you recover the maximum amount possible for your losses. We will thoroughly evaluate your case, ensuring all economic damages—such as medical bills and lost wages—are fully accounted for while also seeking fair compensation for your pain and suffering. Our goal is to fight for the best possible outcome for you, guiding you through each step and ensuring you understand how these caps may impact your case.
Contact Our Experienced Maryland Medical Malpractice Attorneys
If you’ve been harmed by medical malpractice, understanding Maryland’s caps on damages is just one part of the process. At Simeone & Miller LLP, we are here to help you pursue the compensation you deserve. Contact us today for a free consultation, and let us fight for your recovery and peace of mind.
