Any discussion of how much money a medical malpractice case in Maryland is worth begins with our cap on non-economic damages in malpractice. The pain and suffering cap for 2018 in Maryland medical negligence cases is $800,000. This same $800,000 cap applies to wrongful death cases where there is only one surviving family member. If there are two or more surviving family members, then the non-economic damage cap rises to $1 million.
What Maryland’s Damage Cap Means and Does Not Mean
Does Maryland’s medical malpractice cap mean that you cannot get more than $800,000 or $1 million as the maximum possible recovery in a medical malpractice case? No. What it does mean is that this is the cap limit on non-economic damages.