Understanding Medical Malpractice Caps in Maryland
August 9, 2019
Maryland law caps medical malpractice awards when it comes to non-economic damages that are more difficult to quantify than lost wages, medical expenses, and prescription medications. If you or someone you know is considering filing a medical malpractice lawsuit, there are some things you should know about compensation caps related to non-economic damages.
Some of the most common examples of non-economic damages include depression, side effects from pain medications, reduced quality of life, and other examples of pain and suffering. Because it is virtually impossible to put a price tag on any of these factors, many states, including Maryland, decided to put a cap on non-economic damages. Effective 2016, the cap on pain and suffering compensation on malpractice claims resulting from a medical injury are as follows:
- For lawsuits filed in 2016: $770,000
- For lawsuits filed in 2017: $785,000
- For lawsuits filed in 2018: $800,000
- For lawsuits filed after 2018, add $15,000
- For lawsuits filed before 2016, subtract $15,000 for each year
Wrongful Death Cases
The cap formula for wrongful death cases in Maryland is different because there are two or more claimants or beneficiaries. The maximum amount a victim can receive is 125 percent of that year’s cap, regardless of the number of other parties involved. When pursuing a medical malpractice, the claim must be filed within five years from the injury or three years from the date you discovered the injury. These time limits change under the following circumstances:
- You are under the age of 11
- The injury affected your reproductive system and you are under the age of 16
- The injury was caused by a foreign object that was mistakenly left in your body
Steps to Maximize Your Settlement Amount
While it may not seem fair to limit the compensation amount for pain and suffering, there are some things you can do to ensure that you receive the maximum settlement amount for pain and suffering, including:
- Document everything, including medical records, dates of important appointments, and what medical providers tell you.
- Keep records of the names and contact information of people you speak to about your case.
- Keep a record of how you feel each day, both physically and emotionally.
- Take photographs of your injury.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Seek Maximum Compensation for Victims of Medical Errors
If you or a loved one was injured due to a medical error, you are urged to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton as soon as possible. When a medical error causes an injury that has an impact on your quality of life, there is no amount of money that can replace that. However, we will work tirelessly to ensure that you receive the maximum financial compensation you deserve to help ease the financial burden. To schedule a free, confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent medical malpractice victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.
