Maryland Court to Determine Constitutionality of Liability Cap in Wrongful Death Case
The Maryland Court of Appeals will soon decide whether or not a general liability cap placed on the monetary damages awarded to the family of a young boy violates their equal protection principles. The case before the high court stems from the 2006 drowning death of a 5-year-old boy in a country club swimming pool. A Maryland jury awarded the boy's family $4 in the wrongful death case; however, the trial judge reduced the amount to approximately $1 million citing Maryland's non-economic damages cap in general personal injury cases.
According to American Medical News, the family had appealed the decision, but judges referred to a precedent finding that caps served a government purpose in continuing to ensure insurance is affordable and available. Representatives from the Maryland State Medical Society want to see the precedent stand. They believe that overturning the cap would not only go against decades of Maryland law, but it could also disrupt the medical liability law that helps keep doctors in practice.
Gene M. Ransom III, CEO of MedChi, the Maryland State Medical Society, said, "The concern is, if [the high court] rules that caps are unconstitutional in this action, the next one down the road could be a medical malpractice case to go after the constitutionality of that cap.”
Maryland personal injury lawsuits, wrongful death or other, can be a lengthy, painful process. It can be difficult to decipher how much compensation you're entitled to receive and who's on your side. If you've been a victim of wrongful death, the experienced Maryland injury lawyers at Meng & Alpert, LLC will be on your side. We can help you understand your rights and will handle your case with sensitivity and efficiency. Call our experienced attorneys today at 866-444-6363 for a free consultation.
