Personal Injury Law

Maryland Medical Malpractice Cap Opinion: Plaintiffs Lose. Big.

In a 7-0 decision, the Maryland Court of Appeals overturned a Montgomery County trial judge?s ruling that Maryland?s medical malpractice cap applies to all malpractice lawsuits, including those where one of the parties waived health claims arbitration.

But that is not the only blow the opinion gives to Maryland malpractice lawyers and their clients. The court also ruled that because the cap applies, any pro rata reduction ? in this case $1 million ? applies after the cap has been applied. The practical difference in this ruling for the Plaintiffs in this case is that it reduced their already reduced jury award from $2,172,936 to $1,766,686, a difference of more than $400,000.

The practical impact of this rule? The exact opposite of what the Maryland legislature wants: more malpractice trials. Applying a "cap first" approach will encourage defendants not to settle because if the non-settling defendants believe that the plaintiff has negotiated a good settlement (which is often the case when one party settles and the other does not), remaining defendants are going to be more willing to roll the dice to get the full benefit of plaintiff?s good settlement.

Finally, in a non cap related issue, the court also ruled that if medical bills have been waived, Defendant can seek, via a post trial motion for remitter, to reduce the verdict by the amount of the waived or reduced bills after the verdict.

Full post as published by Maryland Injury Lawyer Blog on January 13, 2010 (boomark / email).