Money must play a role in medical malpractice cases. Medical malpractice cases are incredibly expensive to pursue, so even meritorious claims sometimes cannot be pursued because the costs may outweigh the recovery. The media often refers to frivolous claims. This is a myth because no lawyer could afford to pursue a medical malpractice claim without reasonable assurances of a recovery.
Injuries from medical malpractice are generally more serious than other types of negligence. Therefore, the financial impact on a family is exponentially greater. A victim of medical negligence may face life-long rehabilitative treatments, or may no longer be able to contribute to the household financially. In some cases, medical bills are so high that victims and their families lose their homes, or are forced to declare bankruptcy.
Money plays a role in a lawyer’s determination to accept a case. The financial effect on the victim can be devastating. While costs and expenses can be measured in dollars and cents, victims of medical negligence are also entitled to financial compensation for “Noneconomic Damages.” Noneconomic Damages may include:
- Pain
- Suffering
- Inconvenience
- Physical impairment
- Disfigurement
- Loss of consortium
- Any other non-pecuniary injuries
These types of damages are more difficult to translate to dollars. It is impossible to wave a magic want and make an injured person whole again. Therefore, the only way known to compensate an individual is with money. It takes an empathetic experienced attorney to maximize this part of a damages award. It is our goal to settle most cases but if the case must go to trial, money can be a sensitive discussion to have with a jury. If it becomes necessary, we know how to approach a jury for damages.
Cap on Noneconomic Damages
With the ill-conceived notion that caps on medical damages will keep medical costs down, certain states have adopted a cap on medical damages. Maryland has adopted a cap on the noneconomic damages portion of any award. The compensation cap in Maryland for noneconomic damages for claims that arise on or after October 1, 2014, is $740,000 for Medical Malpractice claims and $800,000 for other claims of negligence. Each cap increases $15,000 per year. So, even catastrophic injuries are currently capped $740,000 for injuries caused by medical malpractice. In 2014, legislation was supported by the Maryland Association for Justice in the Maryland General Assembly (Senate Bill 789 and House Bill 1009) that would have tripled the cap for awards for noneconomic damages.
At Plaxen & Adler, P.A., we support the concept that the injured deserve full compensation.
