Maryland applies its choice of law rule, lex loci delicti, which mandates that the substantive law of the place where the injury occurs governs cases involving tort claims. In medical malpractice cases where the injury or malpractice occurred out of state, Maryland courts must determine whether local or out-of-state laws, including damages caps, are applicable. For example, a recent case examined Maryland’s approach to determining the appropriate damages cap for a plaintiff injured by an out-of-state healthcare provider. If you believe you were injured due to medical negligence, it is wise to consult a Baltimore medical malpractice attorney to help you understand your legal options.
Facts and Procedure
It is alleged that the plaintiff, who resides in Maryland, sought liposuction services from the defendant, a Virginia-based medical provider, at an office located in Alexandria, Virginia. Reportedly, the plaintiff underwent the procedure in Virginia, after which she returned home to Maryland, where she soon developed severe complications, including infections that led to permanent physical and emotional injuries. It is alleged that during the procedure, the defendant administered insufficient pain relief and prescribed inadequate post-operative care, which contributed to the plaintiff’s prolonged suffering.
It is reported that the plaintiff filed a lawsuit in Maryland, asserting claims of medical negligence and lack of informed consent, seeking damages for her injuries. The jury awarded substantial damages, including non-economic damages for pain and suffering. However, the court later reduced the award to comply with Maryland’s cap on non-economic damages, applying the state’s limitation on such awards in malpractice claims. The plaintiff appealed, contending that Virginia’s higher damages cap should apply since the medical procedure occurred in Virginia, and the tort, therefore, arose there. Continue Reading ›