As expected, attorneys representing plaintiffs
applauded the proposed
legislation, which would triple Maryland’s statutory cap on non-economic
damages in civil cases for “catastrophic” injuries. On the other side, defense attorneys
condemned the bill, saying “the higher potential recovery will come at the cost
of patient care and higher consumer costs.
There
is a difference between economic and non-economic damages in a medical
malpractice case. Economic damages are
easily quantified and calculated using precise values for things such as
physical damage, lost wages, and medical bills.
Conversely, non-economic damages include pain and suffering, emotional
distress, and other intangible injuries, all things that are not easily
quantified and are completely subjective.
Some examples of injuries that would fall under this proposed
legislation include: “death, severe paralysis, severe brain or closed-head
injury, amputation of arm, leg, hand, or foot, blindness, loss of reproductive organs,
and major burns.”
Similar
legislation was introduced in Maryland’s General Assembly last year, but it
failed to pass. The current cap in
Maryland for non-economic damages is $755,000 for medical malpractice cases,
and close to $950,000 for all wrongful death medical malpractice cases.
The
current law in Maryland for pain and suffering awards makes no distinction
between victims suffering significant temporary injuries attributed to another’s
negligence and victims enduring severe permanent injuries. If the proposed bill were to pass, there
would be “fair compensation for the most catastrophically injured Marylanders.” In addition, if the cap were to increase for
the most severe injuries, it would cause medical practitioners to act even more
cautious which makes all Marylanders safer with fewer catastrophic
injuries. Hospital systems in Maryland
equate this tripling of the cap on damages to punitive damages. If Maryland hospitals are forced to pay these
extremely high awards, they would not have the funds or the ability to take
appropriate care of patients.
In
addition to this proposed bill, another bill was also introduced that would
lower the current non-economic damages cap, instead of tripling it. Hospital systems strongly favor this version
of the bill, while plaintiff attorneys strongly oppose it. Just think, if you were to lose your eyesight
as a result of a hospital’s negligence, the most you could recover in
non-economic damages for pain and suffering and the like would, at most, be
$755,000. That certainly does not seem
like a fair amount for someone who is now blind to be able to live off of for
the rest of their life. And any sort of
decrease would negatively affect the victim.
If
you or a family member is the victim of an injury caused by medical malpractice
in Maryland, an experienced attorney from Portner & Shure can help you get
the compensation you are entitled. If
you would like a free legal consultation or if you would like more information
on medical malpractice please feel free to contact our office at (301) 854-9000
or visit us on the web at http://www.portnerandshure.com/Medical-Malpractice/
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