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Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
[see, Chapter Two, "Medical Malpractice", Legal Consumer Tips and Secrets, by Charles Jerome Ware, iUniverse (2011); "The Four Elements of Medical Malpractice", Yale University Medical Center: Issues in Risk Management, info.med.yale.edu (1997); "Changing the Malpractice System", by Clive E. Reinhardt, The New York Times, October 1, 2010; "The Facts About Medical Malpractice in Maryland", Public Citizen Congress Watch, Rev. January 2004; "Notes from the Chair of the Board", newsletter of the Medical Mutual Liability Insurance Society of Maryland, October 2002; "28% Rise Sought to Insure Doctors", Greg Garland, Baltimore Sun, June 28, 2003; "Medical Reform Locked in Fight", Stephanie Desmon, Baltimore Sun, March 17, 2003]
STATUTE OF LIMITATIONS
Generally, in Maryland any medical malpractice action must be filed either within five (5) years from the date when the injury was committed or three (3) years from the date when the injury was first discovered, whichever is earlier [Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995)]. Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland’s highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution [Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985)].
CONTRIBUTORY OR COMPARATIVE NEGLIGENCE
Maryland is one of the few remaining states that recognizes the traditional common law doctrine of contributory negligence. [Harrison v. Montgomery County Bd. of Ed., 295 Md. 442, 456 A.2d 894 (1983)]. Thus, any negligence by a claimant may bar his recovery completely.
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
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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].
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.
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)].
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
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.
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 |
[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].
MARYLAND MEDICAL MALPRACTICE WAREHOUSE
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)].
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