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.
Choice of Law Determinations in Medical Malpractice Cases
On appeal, the court examined whether Maryland’s cap on non-economic damages should apply, focusing on the state’s choice of law principles. Under Maryland law, the doctrine of lex loci delicti provides that the place where the tortious injury occurred determines the governing substantive law. This means that when an injury occurs in another jurisdiction, the tort law of that jurisdiction applies, including any statutory limits on damages.
The court reviewed evidence from both parties’ experts to determine the origin of the plaintiff’s injury. The plaintiff’s experts argued that the infection, which ultimately caused harm, was introduced during the procedure in Virginia, thereby making Virginia the location of the wrongful act.
The court agreed, finding that the introduction of infection during the Virginia procedure constituted the first injury in a causal chain leading to the plaintiff’s damages. Consequently, the appellate court concluded that the Virginia damages cap applied to the plaintiff’s claims, reversing the trial court’s application of Maryland’s cap on non-economic damages and remanding for recalculation.
The court’s decision emphasized the principle that where the first actionable harm in a medical malpractice case occurs is key to determining the applicable law, especially in cases involving out-of-state treatment.
Talk to a Knowledgeable Baltimore Medical Malpractice Lawyer
If you suffered injuries due to negligent medical treatment, it is essential to understand how jurisdictional differences may affect your case, especially if your treatment occurred out of state. The knowledgeable Baltimore medical malpractice attorneys at Arfaa Law Group can help you evaluate your case and pursue fair compensation. To schedule a consultation, contact us at (410) 889-1850 or through our online form.