Understanding Medical Malpractice Compensation
August 14, 2018
Serious medical errors can cause a range of injuries or health complications that have devastating effects on the patient and his or her family. Depending on the nature of the error, and the medical care required to treat the injury, the patient can face mounting medical bills, lost wages, physical impairments or disfigurements, and emotional trauma. When an unfortunate error like this occurs, the patient may decide to pursue a medical malpractice lawsuit to seek compensation for their pain and suffering, as well as economic damages, like the loss of future earnings. A skilled medical malpractice lawyer can examine your case and thoroughly explain the damages that you are entitled to, as well as the steps required to reach a successful settlement.
Important Information About Malpractice Caps
One of the most important things to understand about malpractice cases in Maryland is the issue of caps, or the maximum amount of damages an individual can receive in a settlement. In a medical malpractice case, the cap for non-economic damages, including pain and suffering, is $800,000. This also applies to wrongful death cases when the deceased has only one surviving family member. If there are two or more surviving family members, the cap increases to $1 million. There is no cap on economic damages, like the loss of future earning capacity or the loss of property.
While $800,000 is a significant amount of money, it is not nearly enough to cover the cost of a debilitating injury. For example, if a doctor who was performing a surgical procedure on a young girl made an error during the surgery, which caused her to become permanently paralyzed, $800,000 is the maximum amount of damages she is eligible to receive for her pain and suffering.
Fortunately, the victims can pursue additional compensation for economic damages. In the state of Maryland, the projected settlement amount is based on a simple formula, which is the cap on non-economic damages plus the expected economic damages, multiplied by the projected chance of reaching a successful settlement. The following scenario is an example of what one malpractice case might be worth:
A patient suffers a fatal heart attack resulting from a medical error, leaving behind his wife and son. If his projected earnings of $2 million are added to the $1 million in economic damages, and multiplied by a projected 80 percent succes rate, the settlement value is $2.4 million.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Seek Justice for Victims of Medical Mistakes
If you or someone you know has been seriously injured while under the care of a professional healthcare provider, you are urged to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton. Pursuing a medical malpractice lawsuit can be overwhelming without the help of an experienced malpractice lawyer. Our dedicated team will secure the maximum financial compensation you deserve and ensure that your rights are protected. To schedule a free confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent medical malpractice victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.
