MARYLAND MEDICAL MALPRACTICE, PART 2: A PRIMER by Attorney Charles Jerome Ware

(This is Part 2 of this blog which was posted on Friday, September 7, 2012)

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Maryland medical malpractice firm which is :"Still working.  Still committed.  Still here to make a difference."

EXPERT TESTIMONY

 

Expert testimony is required in all successful Maryland medical malpractice cases.  Maryland Code, § 3-2A-04 of the Courts & Judicial Proceedings Article (CJP), requires a person who wishes to pursue a claim against a health care provider for damages due to medical injury to file the claim with the Director of the Health Claims Arbitration Office.

 

JOINT AND SEVERAL LIABILITY

 

In Maryland, joint tortfeasors are jointly and severally liable; each must assume and bear the responsibility for the misconduct of all [Carroll v. Kerrigen, 173 Md. 627, 197 A. 127 (1938); Cooper v. Bikle, 334 Md. 608, 640 A.2d 1120 (1994)].

 

CONTRIBUTION

 

In Maryland a joint tortfeasor who pays more than his pro rata share has a right of contribution against other joint tortfeasors whose liability was extinguished by the judgment or settlement and who have not paid their pro rata share. Md. Code Ann., Cts. & Jud. Proc. § 3-1402 (Supp. 1997). The tortfeasors’ pro rata shares are determined by dividing the judgment equally among the tortfeasors [Lahocki v. Contee Sand & Travel Co., 41 Md. App. 579, 398 A.2d 490 (Ct. Spec. App. 1979), rev’d on other grounds sub nom. General Motors Corp. v. Lahocki, 286 Md. 714, 410 A.2d 1039 (1980)].

 

VICARIOUS LIABILITY

 

In Maryland, a hospital may, under appropriate circumstances, be held responsible for the negligent acts of its independently- contracted physicians, based on principles of apparent agency  [Mehlman v. Powell, 281 Md. 269, 378 A.2d 1121 (1977) (holding that an apparent agency relationship existed because the hospital did nothing to indicate an emergency physician’s true status as an independent contractor)].

 

DAMAGES

 

As in most other states, the issue of damages continues to be a major issue in Maryland.

 

Maryland imposes a limit on recoverable non-economic damages for any personal injury cause of action for medical malpractice accruing after July 1, 1986. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997). The limit was originally $350,000, but for causes of actions arising on or after October 1, 1994, the limit has been increased to $500,000. Id. Beginning October 1, 1995, and every October 1 thereafter, the limit on non-economic damages is increased by $15,000. Id. Non-economic damages include pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other non-pecuniary damages, but not punitive damages. Id. The damage cap applies to each “direct victim” of the tort and all those claiming injury by or through him [Id.; Oaks v. Connors, 339 Md. 24, 660 A.2d 423 (1995) (a single cap applies to the injured person’s claim and the spouse’s consortium claim). This statute does not violate Maryland’s constitution. Murphy v. Edmonds, 325 Md. 342, 601 A.2d 102 (1992)].

Prior to the 1994 amendment, the statute had been held not to apply to wrongful death cases [United States v. Streidel, 329 Md. 533, 620 A.2d 905 (1993). However, the statute now provides that the cap applies to wrongful death, and that the total recovery of all beneficiaries in a wrongful death case cannot exceed 150 percent of the cap. Md. Code Ann., Cts. & Jud. Proc. § 11-108 (Supp. 1997)].

Medical Malpractice Cap
on Damages in Maryland

Medical Malpractice (MD CODE, CTS. & JUD. PROC. §3-2A-09)
Cause of action arises on or after	Limit on all claims from same medical injury (except wrongful death)	Limit on all claims if wrongful death cases is filed with two or more beneficiaries	Total limit
10/1/1996	$530,000.00	$795,000.00	$1,325,000.00
10/1/1997	$545,000.00	$817,500.00	$1,362,500.00
10/1/1998	$560,000.00	$840,000.00	$1,400,000.00
10/1/1999	$575,000.00	$862,500.00	$1,437,500.00
10/1/2000	$590,000.00	$885,000.00	$1,475,000.00
10/1/2001	$605,000.00	$907,500.00	$1,512,500.00
10/1/2002	$620,000.00	$930,000.00	$1,550,000.00
10/1/2003	$635,000.00	$952,500.00	$1,587,500.00
10/1/2004	$650,000.00	$975,000.00	$1,625,000.00
New Malpractice Cap
1/1/2005	$650,000.00	$812,500.00	$812,500.00
1/1/2006	$650,000.00	$812,500.00	$812,500.00
1/1/2007	$650,000.00	$812,500.00	$812,500.00
1/1/2008	$650,000.00	$812,500.00	$812,500.00
1/1/2009	$665,000.00	$831,250.00	$831,250.00
1/1/2010	$680,000.00	$850,000.00	$850,000.00
1/1/2011	$695,000.00	$868,750.00	$868,750.00
1/1/2012	$710,000.00	$887,500.00	$887,500.00
1/1/2013	$725,000.00	$906,250.00	$906,250.00
1/1/2014	$740,000.00	$925,000.00	$925,000.00
1/1/2015	$755,000.00	$943,750.00	$943,750.00

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[see, www.millerandzois.com/maryland-medical-malpractice-cap]

[No attorney-client relationship is established with anyone merely through this abovereferenced blog and/or information.  Always seek personal professional advice and consultation].