MARYLAND MEDICAL MALPRACTICE, PART 3: A PRIMER by Attorney Charles Jerome Ware

[This is Part 3 of this blog whose previous postings were on Friday, September 7th, 2012 (Part 1) and on Monday, September 10th, 2012 (Part 2).  When confronted with any legal problem, including medical malpractice, the reader is specifically advised, counselled, and urged to seek competent and professional legal advice]

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."

Periodic Payments of Damages

Maryland courts and arbitration panels are afforded the power to order that future damages be paid in the form of periodic payments, subject to adequate security [Md. Code Ann., Cts. & Jud. Proc. § 11-109 (1995)]. Upon the death of a claimant receiving periodic payments, the unpaid balance for future medical expenses reverts to the defendant. Id.

Collateral Source Rule

In Maryland, evidence of the claimant’s receipt of payments from collateral sources may not be admitted to reduce his damages [Schreiber v. Cherry Hill Construction Co., 105 Md. App. 462, 660 A.2d 970 (Ct. Spec. App.), cert. denied, 340 Md. 500, 667 A.2d 341 (1995)].

Pre-Judgment Interest on Tort Claims

Maryland law does not recognize pre-judgment interest on tort claims for personal injury [Lawhorne v. Employers Ins. Co. of Wausau, 343 Md. 111, 680 A.2d 518 (1996)].

Patient Compensation Funds and Physician Insurance

Maryland does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.

Immunities

Under Md. Code Ann., State Gov’t § 12-104 (Supp. 1997), the state has waived its sovereign immunity to the extent of $100,000 per claim. However, such immunity still applies with respect to punitive damages and pre-judgment interest [Md. Code Ann., Cts. & Jud. Proc. § 5-522(a) (Supp. 1997)]. A claimant must provide written notice of his claim within one year of the injury. If the claim is denied, a lawsuit must be filed within three years after the cause of action arises or the claim is barred [Md. Code Ann., State Gov’t § 12-106 (Supp. 1997)].

The liability of any local government in Maryland is capped at $200,000 per claim and $500,000 per occurrence. Md. Code Ann., Cts. & Jud. Proc. § 5-303 (Supp. 1997). Local governments are immune from liability for punitive damages. Id. The purchase of liability insurance does not waive the entity’s immunity [See Quecedo v. Montgomery County, 264 Md. 590, 287 A.2d 257 (1972) (holding that in the absence of statute to the contrary, a county that maintains liability insurance does not waive its immunity)].

Charitable hospitals carrying liability insurance in an amount not less than $100,000 are not liable for damages in excess of the limits of coverage. Md. Code Ann., Cts. & Jud. Proc. § 5-632 (Supp. 1997). However, that immunity does not extend to the employees of charitable hospitals [Wood v. Abell, 268 Md. 214, 300 A.2d 665 (1973)].