Maryland Law Limits the Rights of Malpractice Victims
In an emergency session of the legislature, the Maryland Patients' Access to Quality Health Care Act of 2004 was passed over Governor Ehrlich's veto.
The bill freezes the amount of compensation a jury can award for pain and suffering damages at $650,000 until December 25, 2008 (after which it will increase $15,000 per year) and reduces the cap on damages in death cases from $1.6 million to $812,500. This cap applies only to medical malpractice cases.
The bill also requires doctors who testify in malpractice suits to be familiar with the specialty of the doctor they testify against, encourages settlement of malpractice cases by mediation, and creates a people's counsel to represent citizens before the Maryland Insurance Administration.
To read the unofficial language of the bill, please click here.