Recent Maryland News
May 2018 Newsletter
Maryland trial court attempts to redefine liability standards Under consideration by Maryland’s highest court is a case that attempts to redefine professional standards of care – and negate the testimony of expert witnesses. The basis of the case stems from a medical...
Top court to decide: Should doctors be held to lay standard?
Maryland physicians could see established medical liability law upended if the state’s high court doesn’t reject a trial court’s instructions informing jurors that negligence could be defined by what a “reasonable” layperson would do. For more than a century,...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
Current Medical Liability Laws
| Damage Caps | The limit on noneconomic damages is frozen at $650,000 until January 1, 2009, after which time the cap will increase annually by $15,000 per year. For 2025, the cap is $905k. This cap applies in aggregate to all claims and defendants arising from the same medical injury beneficiary. This cap applies in wrongful death actions if the claim involves only one claimant. If the wrongful death action involves two or more claimants or beneficiaries, the total cap on noneconomic damages is 125% of the current year’s cap. |
| Joint Liability Reform | No. Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries. |
| Collateral Source Reform | Collateral rule applies to tort cases generally. But in medical malpractice cases, a verdict for past medical expenses shall be limited to: (i) the total amount of past medical expenses paid by or on behalf of the plaintiff; and (ii) the total amount of past medical expenses incurred but not paid by or on behalf of the plaintiff for which the plaintiff or another person on behalf of the plaintiff is obligated to pay. Md. Courts and Judicial Proceedings Code Ann. § 3-2A-09. Lockshin v. Semsker, 412 Md. 257 (2010). |
| Attorney Fees Limited | a) Action maintained in bad faith. If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable attorney’s fees, incurred by the adverse party in opposing it. A determination made under this subsection shall become part of the panel award and subject to judicial review. (b) Approval of disputed legal fee.—If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein. |
| Periodic Payments Permitted | Yes. Courts and arbitrators may order periodic payment. |