Maryland Medical Malpractice Attorney Blog

Georgia has rethought its cap on caps on non-economic damages in medical malpractice cases. Will Maryland follow suit? I think it is unlikely but as the Baltimore Injury Lawyer Blog points out, the Maryland high court will get another look at this issue next month in DRD Pool Service, Inc. v. Freed. That case has a constitutional challenge to the non-economic damages cap in non-medical malpractice cases. I'm not optimistic but I'm hopeful.

• Maryland's Malpractice Cap (chart by year)
• Maryland Economic Damage Cap (in non-malpractice cases)
• Maryland Most Recent Pronouncement on the Malpractice Cap

Illinois malpractice reform advocates have apparently given up putting constitutional change on the ballot this year to try to get back caps on medical malpractice awards in Illinois, accordingly to LegalNewsLine.com.

The "letting the voters" decide paradigm sounds very appealing. Up with people and all of that. But, really, do you want the constitution changing as frequently as voters change their minds?

Looking to build on the momentum in Illinois, Kansas malpractice lawyers look to strike down Kansas' draconian $250,000 noneconomic damages malpractice cap.

The case is a classic wrong part surgery lawsuit:, a woman went in for right ovary surgery and had her left ovary removed. This is one of those cases malpractice lawsuit reform advocates do not have an answer for: the doctor may a surgical error that even a modicum of due care would have avoided.

Not surprisingly under these facts, the woman filed a medical malpractice lawsuit against the surgeon who operated on the wrong part of her ovaries and was awarded $760,000 in damages. But, consistent with the cap, the trial judge reduced relating to noneconomic damages.