How some medical malpractice cases can be limited money-wise. To put the issue another way some jurisdictions will cap how much money you can recover in a medical malpractice case. This means that if a jury agrees with your position and gives you money above the cap, the money amount will be compressed down to the cap number. This is an important concept to understand in these cases.
Please remember that the context of this article, and supporting video, is Maryland law. If you are in another jurisdiction other than Maryland be sure to follow up with your attorney regarding these issues.
Understanding Two Types Of Damages
To understand limits, or cabs, in our context, you need to be familiar with two types of damages. Those two types of damages are economic and non-economic damages.
For non-economic damages, the easiest way to understand these damages are pain and suffering. Pain and suffering damages are familiar for many people. These types of damages in a Maryland medical malpractice case are capped, or limited. The number for the cap can vary based on certain factors. If you are dealing with this issue, it is best to speak with your attorney to understand your pain and suffering cap.
On the other hand, economic damages are the opposite. Economic damages would consist of things like lost wages, past medical bills, future medical bills, etc… These types of damages can be readily calculated and that is a distinguishing feature between economic and non-economic damages. In Maryland, there is no cap on economic damages.
How Some Medical Malpractice Cases Can Be Limited Money-wise…
So now the question is why does it matter if there are caps? As I pointed out above, it is important for a plaintiff (the person bringing the case) to understand these issues. The example with a jury verdict is something that many people may not know. If your case is impacted by a cap, any verdict over the cap will have to be reduced to the cap. Also, keep in mind that a jury will never know if their verdict is subject to a cap.
Another reason you want to be familiar with this is you want to be able to make the best decision as to whether it is worth your time to move forward with a case. The reason I say this is because in many instances a plaintiff in a medical malpractice case will have to re-pay their attorneys for their fees and costs that are associated with the case. Understanding that there may be a limit as to what can be recovered is an analysis many plaintiffs want to do to make sure they are making the best decision for their case.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP