How Caps on Non-Economic Damages in Maryland Affect Compensation in Medical Malpractice Cases

In a recent court case, a Maryland jury awarded $8.3 million to a family in a medical malpractice case involving a tragic surgical error. In this case, a man underwent kidney surgery at the University of Maryland Medical Center in Baltimore, Maryland. During the procedure, surgeons inadvertently punctured his bowel. The man developed severe complications and died three weeks later from colon perforation and multiple organ failure. The deceased had a growth on his left kidney and needed surgery to remove it. According to records, the surgery started as a laparoscopic procedure but was converted to an open surgery. Complaint documents indicate that the surgeons performing the surgery did not recognize the deceased’s bowel perforation. In 2022, the deceased’s family brought a medical malpractice suit. In March 2024, a Baltimore City Court heard the case and eight days later ruled in favor of the family, awarding them $6 million for wrongful death and another $2.3 million for economic damages. While this verdict signaled a clear victory for the family, Maryland’s cap on non-economic damages meant their compensation would be significantly reduced.

Understanding the Role of Non-Economic Damages

While economic damages cover quantifiable losses, such as medical expenses and funeral costs that come with a receipt, non-economic damages cover losses that don’t come with a receipt, like pain and suffering and emotional distress. Non-economic damages recognize that negligence can impact a person’s quality of life in profound, often invisible ways. These damages aim to compensate for the physical discomfort, emotional toll, trauma, and overall loss of enjoyment of life caused by negligence. In the aforementioned case, the wrongful death damages typically fall under non-economic losses.

The Non-Economic Damages Cap in Maryland and How It Affects Compensation in Malpractice Cases

The non-economic damages cap in Maryland, which was initially set at $650,000 in 2005, increased annually on October 1 by $15,000. This means that currently, the cap stands at $950,000. However, if a case involves multiple beneficiaries, such as in the lawsuit mentioned above, the cap increases by 125%, bringing it to a maximum of $1.3 million. That means that while the jury awarded the bereaved family $6 million for non-economic damages, those damages were capped at $1.3 million.

Caps on non-economic damages can significantly lower the amount awarded by a jury, which can feel like an additional blow to families seeking justice after the loss of a loved one. For the family in this case, losing almost $5 million – an amount the jury considered appropriate based on the evidence and the profound impact of the loss – was likely disappointing and disheartening. While the jury recognized the emotional devastation and lasting suffering caused by the wrongful death, Maryland’s cap on non-economic damages limited the final amount to a fraction of the awarded amount.

While caps on non-economic damages in Maryland may aid in stabilizing healthcare costs, the reality is that they also limit the ability of malpractice victims to recover full compensation. Cases like the one discussed in this article highlight the real human impact of these caps. These caps can feel like an added injustice for affected families in an already distressing situation.

Contact a Skilled Towson Medical Malpractice Lawyer

If you need help with a medical malpractice case, contact our skilled Towson medical malpractice lawyer at Hardball Law.

Source:

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