Published by Arfaa Law Group
Medical malpractice can cause grave injuries that not only cause physical and emotional pain but also significant financial losses. Victims of medical malpractice can often recover damages for their harm via civil lawsuits, but the amount recoverable depends, in part, on the type of compensation granted and statutory damages caps. For example, in a recent Maryland case, a woman was awarded $1.5 million for harm sustained in an improperly performed gallbladder surgery, but her damages will be reduced in accordance with Maryland law. If you suffered losses because of the carelessness of a medical professional, you have the right to seek compensation, and you should consult a Baltimore medical malpractice attorney.
The Facts of the Case
It is reported that a medical malpractice suit adjudicated by a jury in St. Mary’s County resulted in a $1.5 million verdict against a hospital and its surgeon. The plaintiff, a woman who underwent gallbladder removal surgery, alleged that the surgeon had negligently left part of her gallbladder behind during the procedure. Following the initial surgery, the plaintiff experienced severe abdominal pain and multiple emergency visits. A CT scan performed in July 2021 revealed the presence of a remnant gallbladder.
Allegedly, subsequent medical evaluations and an additional surgery in April 2022 confirmed the remnant, which contributed to ongoing pain and required further surgical intervention. The hospital contended that the surgical difficulty was due to the patient’s unusual anatomy, though this was not documented in the surgical report. The plaintiff’s case included claims of negligence, asserting that the surgeon failed to recognize and address the incomplete removal and did not inform her of the partial procedure.
Maryland’s Medical Malpractice Damages Cap
In reviewing the case, the jury determined that the surgeon breached the standard of care, leading to significant harm to the plaintiff. The court acknowledged the plaintiff’s substantial suffering and the impact on her quality of life, which was demonstrated by the jury’s award. However, under Maryland law, the $1.5 million verdict for non-economic damages would be reduced according to statutory caps.
In Maryland, the cap on non-economic damages in medical malpractice cases arising in 2024 is set at $890,000. For wrongful death cases pursued by two or more surviving family members, the cap is higher, reaching $1,112,500. These caps apply to compensation for non-economic losses such as pain and suffering, emotional distress, and loss of consortium. However, there is no cap on economic damages, which include compensation for medical expenses and lost wages. This structure purports to balance the need for fair compensation while managing the financial impacts on healthcare providers and their insurance systems.
Seek Advice from a Capable Maryland Attorney
When doctors neglect their professional responsibilities, it can lead to significant patient harm, often warranting a medical malpractice lawsuit. If a physician’s negligence has caused you injury, it’s wise to seek legal advice regarding your potential for compensation. The capable Baltimore medical malpractice attorneys at Arfaa Law Group are equipped to assess your case and guide you on the legal claims you may pursue. You can schedule a consultation by filling out our online form or calling (410) 889-1850.