What Damages May I Recover When I Am A Victim Of Medical Malpractice?

Damages generally fall into three types:

•  Compensatory;

•  Nominal

•  Punitive

The laws are similar in Maryland, Virginia, and the District of Columbia, but they do contain some important differences!

MARYLAND

Compensatory Damages -

Generally, the following damages are typically claimed as appropriate to each case:

• Past medical bills actually incurred
• Past lost earnings actually incurred
• Past pain and suffering
• Future medical bills
• Future lost wage earning capacity
• Future pain and suffering
• Permanent disability
• Scarring and/or disfigurement
• Loss of consortium ( the injury's effect on the marital relationship)

The Plaintiff is required to prove that the damages are more likely than not caused by the negligence of the defendant.   Usually, this requires the testimony of a physician (or in smaller cases where the claimant agrees to limit their recovery, the physician's medical reports)

Maryland's legislature enacted a cap on damages for anything other than medical bills, lost wages and property damage of $350,000.   Over the years, despite sharp attacks by big business and insurance companies the cap has increased to $650,000 ( $500,000 in 1994 and $15,000 more each succeeding year).   Thus in serious cases, a Plaintiffs recovery may be limited.  

Nominal Damages -

These are very minor recoveries for when a Plaintiff's legal rights have been violated but no actual injury has occurred.

Punitive Damages -

These damages are awarded to punish the Defendant.   Over the years, Maryland's Courts have restricted the ability of Plaintiff's to obtain punitive damages.   The Plaintiff must prove "actual malice" by "clear and convincing evidence".   Therefore, a defendant's reckless disregard for the safety of the Plaintiff is not sufficient to obtain punitive damages!  

District Of Columbia

To be Completed Soon!

Virginia

To Be Completed Soon!