Although healthcare professionals are supposed to help their patients, they sometimes act negligently which can cause serious harm instead. A medical professional may fail to diagnose a patient’s medical condition or fail to treat it properly or acts negligently in some way that directly harms their patient. Victims need to pursue legal action against a negligent medical professional as it could prevent them from harming another individual in the future. If you have been injured due to a medical professional’s negligence, contact an experienced St. Mary’s County Medical Malpractice Lawyer who can help you recover financial compensation for damages.
Does Maryland cap the amount victims can recover in damages for medical malpractice claims?
Several factors may affect a victim’s medical malpractice claim. Victims should know that fulfilling the burden of proof in these types of claims can be more challenging and complex. Injured individuals must satisfy the burden of proof by:
- Proving you were their patient
- Proving the medical professional had a duty of care
- Proving the medical professional breached their duty of care
- Proving that the injuries you suffered were caused by the breach of duty of care
In certain states, laws are set forth that cap the amount of non-economic damages an individual can recover in a medical malpractice suit. Maryland is one of those states that caps the amount of financial compensation a victim can recover for non-economic damages. The amount capped varies depending on when the injury was inflicted. If an individual was injured in 2022, the cap is $860,000 and increases by $15,000 each year. In Maryland, victims are allowed to add $15,000 per year for their injuries that happened that year and can subtract $15,000 per year for injuries that happened earlier. However, Maryland’s cap for medical malpractice claims that involve wrongful death is different.
What are economic and non-economic damages?
Non-economic damages are not quantifiable and are harder to put a price value on. As mentioned above, there is a cap on the amount a victim can recover for non-economic damages in Maryland for medical malpractice. Non-economic damages are subjective and may include:
- Pain and suffering
- Mental anguish and humiliation
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Loss of society and companionship
- Any other non-calculable loss
Although Maryland caps a certain amount of non-economic damages an injured individual can recover, there is no cap on economic damages. Economic damages are measurable and calculable financial losses. Economic damages may include:
- Past and future medical bills
- Lost wages
- Reduced wages
- Lost earning capacity
- Household services
- Property damage
- Any other out-of-pocket calculable expenses
In the unfortunate event, you or someone you love has been injured by a medical professional, reach out to one of our skilled and knowledgeable team members. Our firm is committed to helping our clients fulfill the burden of proof and help them recover reasonable damages for their losses. We are ready to fight on your behalf to help you seek the justice you deserve.