The Maryland Litigation Blog

Facts and Opinions.
Feel free to disregard the opinions.

The Hidden Costs of Maryland’s Non-Economic Damages Cap

By Byron Warnken

One might think a cap on non-economic damages is reasonable.  In theory, it is reasonable.  That’s how the right sells it to our population.  I do not, however, believe the cap on non-economic damages in Maryland is reasonable.  It’s simply too low at approximately $800,000.

How do you tell someone born with severe cerebral palsy because of a hospital’s negligence that a lifetime of struggle is worth $800,000?

It’s ridiculous.  But more ridiculous is what it does to the average case.

Picture a scenario with $100,000 in medical bills, $100,000 in lost wages, and a lifelong permanent injury with daily pain.  Picture the injured is 25 years old and will never have biological children as a result of the injury.  Now picture that the insurance policy is $1,000,000.  You might think that it makes sense that the injured would immediately be given the $1MM in insurance, but you might not be correct.  It might be that, if the insurance company doesn’t believe that the lawyer on the other side can bring in a large jury verdict, they don’t offer policy limits.  Maybe they offer $400,000.  Can you live with that?  If it’s your son or daughter described above, is $400,000 just compensation?

Without a cap on damages, that case is worth $1MM all day.  Because without the million dollar offer, someone will be there to go after the insurance company in a bad faith situation.  The same bad faith could exist above also, but it’s not as clear.

It’s likely you don’t understand the above scenario.  That’s why it’s important to have the one of the best injury lawyers in Maryland.  The differences in quality of lawyer matter significantly.

Other problems:

  • Damages caps lead to lower limits carried on the average insurance policy.  That hurts us all.
  • Damages caps give the ability for insurance companies to try otherwise untryable cases.
  • Caps help bad actors continue to get away with it.
  • Please read more here.


January Baltimore Area Medical Malpractice Lawsuit Statistics

By Byron Warnken

In total, there were only 19 medical malpractice lawsuits filed in the greater Baltimore area in January.  This includes Baltimore County, Baltimore City, Carroll County, Howard County, Harford County, and Anne Arundel County.  (Note: this means suits labeled medical malpractice; if the suits were mislabeled, they would not be listed here.) Only 19 Lawsuits Of […]

Peter Angelos Still Works Cases?

By Byron Warnken went from algorithmic updates to hand updates within the last few months.  A smattering of the updates come across my desk.  Actually, they do the modern day equivalent and pipe through my inbox.  I’m seldom surprised by what I see.  If I thought a lawyer was busy and handling a lot of car accident […]

November Maryland Circuit Court Statistics

By Byron Warnken

Medical malpractice lawsuits, or the lack thereof, is what stood out in November.  There were only 21 different medical malpractice lawsuits filed in Maryland in November. The number seems smaller than one might otherwise guess. Well known defendants include Frederick Memorial Hospital, Northwest Hospital Center, Emergency Medicine Associates, PA, Franklin Square Hospital, Peninsula Regional Medical […]

St. Agnes Hospital and Medical Malpractice – A Rough Month

By Byron Warnken

Medical Negligence Verdicts Stack Up in November A number of medical malpractice cases in and around Baltimore have made news in recent weeks, more than one involving St. Agnes Hosptial. It might be time to start sweating Briggs Bedigian. If you don’t know who he is, you don’t really know medical malpractice lawyers in Baltimore. […]

How Much are Dog Bite Cases Worth: An Example

By Byron Warnken

The Case Within the last few weeks, Dr. Shannon J. Kaiser, a Baltimore dentist, agreed to a $115,000 settlement after suffering a dog attack in September of 2011. The agreement was made in response to counts of nuisance, strict liability, and negligence. Case Number: 03C13004453 What Happened? According to the Daily Record, Oliver, the 70-pound […]

MTA Lawsuits are Plentiful

By Byron Warnken

I’ve been curious about the frequency of lawsuits against the MTA (the Maryland Transit Administration).  When I saw the story of the instigating bus driver in the news, I couldn’t help but look a little further. The MTA Should Be Ashamed On October 9th 2014, Karen Murphy, a former Maryland Transit Administration (MTA) bus driver […]