Health Justice Transformation - Maryland

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

The limit on non-economic damages is frozen at $650,000 until January 1, 2009, after which the cap will be increased by $15,000 per year. Cap applies in aggregate to all claims and all defendant arising from the same medical injury. If the wrongful death action involves two or more claimants or beneficiaries, the total cap on non-economic damages is $812,500 (or 125% of the current $650,000).

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Courts and arbitrators may order periodic payments.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration of medical malpractice claims is generally required but can be unilaterally waived by any party to the action. Claims may be submitted for arbitration is both parties agree but each side reserves the right to reject the arbitration decision and proceed to court. Arbitration panels must determine the issue of liability as well as damages. A party may file an appeal with the panel to modify the award of damages.

Standards for Expert Testimony/Witness

Expert testimony is generally required to proceed with and prove negligence. Experts must be certified by the court and must be a licensed professional or comparably licensed or certified professional under the laws of another jurisdiction, knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom the claim is filed.