In a move that reverses a recent trend toward caps on non-economic damages in medical malpractice suits, the state of Florida is getting ridding of caps on such damages. This new measure, the result of a ruling by the Florida Supreme Court, applies only to caps on non-economic damages in wrongful deaths that were the result of medical malpractice. The cap had previously been set at $1 million.
In Maryland, the cap on non-economic damages for a medical malpractice suit is $740,000. Since 2009, the cap has increased by $15,000 annually, meaning that in 2015 the cap will increase to $755,000. As we discussed in a previous blog non-economic damages are compensation for pain and suffering, loss of enjoyment of life, and other effects of medical malpractice on the patient and his or her family that are not explicitly tangible. There is no cap on economic damages in Maryland for a medical malpractice suit. These damages include healthcare costs past, present, and future, as well as compensation for lost income and the ability of the victim to earn a living.