When you suffer injuries because a doctor was negligent, you have the legal right to seek damages from that doctor by filing a claim for medical malpractice. The term "damages" refers to the amount of money to which you are entitled because of the losses you incurred due to your injuries. There are two types of damages in medical malpractice cases and it is very important to distinguish between the two. First, you may incur economic damages, which have a monetary value attached. Such economic damages can include past and future medical expenses, past and future lost income, and similar losses that can be quantified. On the other hand, you may also suffer non-economic damages, which have no direct monetary value, and can include pain and suffering and other intangible losses.
Statutory Caps on Non-Economic Damages in MD
There is no limit to the amount of economic damages you can seek, as long as you can prove your losses. If you have millions of dollars in medical bills and future estimated medical expenses, you can request millions of dollars in compensation. The same is not true for non-economic damages, however, as Maryland law places a maximum limit - called a “cap” - on such losses.
To make matters worse for victims of medical malpractice, the statutory caps for negligence by a medical provider is lower than for negligence in other types of personal injury cases. The medical malpractice damages cap applies to negligence by the following and more:
- Physical therapists;
- Nursing home staff.
If your claim is against any of the above or related health care providers, the cap will apply.
The non-economic damages cap is adjusted on an annual basis based on inflation and the cap as of January 1, 2016 was $770,000. This means that even if you suffered great and ongoing pain, distress, and disability as a result of your doctor’s negligence, the most you can be awarded for your pain is $770,000 if your injury took place in 2016. In addition, if family members seek compensation for wrongful death due to medical malpractice, the cap for non-economic damages would be $962,500. While it is unfortunate that the law puts a limit on the value of pain and suffering, it is important to have an attorney who can maximize your claim under the law.
Discuss Your Situation with a Maryland Medical Malpractice Attorney Today
Whether you have been the victim of an injury caused by medical malpractice or have lost a loved family member due to medical malpractice, you should always have an attorney with specific experience handling this type of case in Maryland on your side. Medical malpractice claims have specific laws - such as damage caps - that apply in Maryland and a skilled medical malpractice lawyer will know how to best handle your case so that you receive the full amount you deserve for your losses and suffering. At The Casper Firm, LLC, we have helped many individuals and families in Maryland after they experienced medical negligence. Please call us today to learn more about medical malpractice claims and damages in Maryland at 888-387-3878.