For reasons that our lawyers do not agree with, if a loved one dies in Maryland as a result of medical malpractice, the maximum cap on non–economic damages is significantly lower than the maximum cap if that same person were to die as the result of a negligent automobile user or negligence while on the job. As many of you know, this is a hot–button topic in the Maryland legislature and this reduced cap on non–economic damages came as a result of bill passed in the Maryland legislature in 2005. The lawyers at STSW strongly believe that this bill unfairly penalizes the victims of medical malpractice who, through no fault of their own, have had tragedy thrust upon them.

For medical malpractice claims arising after January 1, 2010 in Maryland, if there is only one wrongful death beneficiary, the maximum non–economic recovery for that medical negligence is $680,000. If there are 2 or more wrongful death beneficiaries, the maximum non–economic recovery is $850,000. As you can see, this maximum recovery for non–economic damages is a full million dollars less than a victim of more traditional negligence, such as an automobile accident, is entitled to recover. Adding insult to injury, for medical negligence claims arising prior to January 1, 2010, the maximum non–economic cap is even lower.

If you believe that a loved one has died as a result of negligence of others, call the lawyers at STSW for a free consultation.