Maryland Malpractice Laws | Maryland Medical Malpractice

Limits on Malpractice Damages

Non-economic damages were limited to $650,000.00 until  2008. After that the cap was raised by $15,000.00 every three years.

Collateral Source Rule

Under the collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff’s own insurance coverage.

Rules for Expert Witnesses

A medical must have clinical experience, have provided consultation relating to clinical practice, or taught in the defendant’s specialty or a related field within five years of the act or omission underlying the complaint. A medical expert must not spend more than 20% of his or her time testifying in personal injury cases.

Joint and Several Liability

Under the rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff each defendant is individually liable for the entire amount of the judgment such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment.

Statute of Limitations

Medical malpractice actions must be commenced within five years from the date of the act or omission giving rise to injury, or within three years of its discovery whichever period is shorter. For medical malpractice cases involving minors under 11 years of age. The statute of limitations begins to run on the minors 11th birthday. For injuries to the reproductive system of a minor under the age of sixteen, or for injury caused by a foreign object negligently left inside the minors body, the statute of limitations begins to run on the minor’s 16th birthday.

Limits on Attorney Fees

The trial court or pretrial screening panel will review disputed attorney fees in each medical malpractice cases.

Additional Rules

*Within 90 days of filing a complaint, a plaintiff must file a certificate of expert consultation.

*Unless a court orders otherwise and all parties agree not to participate medical malpractice claims are submitted to a health claims arbitration panel. The findings and award of the panel are presumed correct and are admissible at trial. The rejecting party is liable to the other side for costs if a less favorable verdict is reached after trial.

*There is discretionary periodic payment of future damages.