Update: Proposed Maryland Legislation on Non-Economic Damages Dies in Committee
June 9, 2014 By Abby V. Uzupis
As previously reported, the Maryland General Assembly was considering House Bills 930 and 1009, which would alter the amount of non-economic damages a plaintiff could recover for pain and suffering, emotional distress, loss of enjoyment and/or companionship, and other intangible injuries. In particular, HB 930 sought to lower the current “cap” on non-economic damages for healthcare malpractice to $500,000, while HB 1009 was drafted to create an exception that would allow the current cap to be tripled in cases with “catastrophic” injuries resulting from medical malpractice and other torts. Despite vigorous advocacy for and against both bills, each bill died in committee. In other words, each bill was referred to and had a hearing in front of the House Judiciary Committee, but was never set for a second reading and floor consideration. So, for now, the current cap on non-economic damages for 2014 remains $740,000 for medical malpractice injuries and $785,000 for injuries in all other cases.