Medical malpractice cases can be emotionally and financially devastating for victims and their families. When a healthcare provider’s negligence causes harm, victims may be entitled to compensation. Understanding how settlements are calculated in Maryland is crucial for anyone considering legal action. In this blog, we’ll break down the factors involved in determining settlements, Maryland-specific laws, and what victims can do to protect their rights.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to the patient. This could include errors in diagnosis, treatment, aftercare, or health management. Common examples include surgical mistakes, misdiagnoses, prescription errors, and childbirth injuries.

In Maryland, proving medical malpractice involves establishing four key elements:

1. A Doctor-Patient Relationship: This confirms that the healthcare provider owed a duty of care to the patient.
2. Breach of Duty: The provider failed to meet the accepted standard of care.
3. Causation: The provider’s negligence directly caused harm.
4. Damages: The patient suffered measurable harm, such as physical injuries, emotional distress, or financial losses.

Understanding these elements is the first step in determining whether you have a valid claim and what your settlement might entail.

Factors That Influence Settlement Amounts

Medical malpractice settlements vary significantly based on the details of each case. In Maryland, several factors play a critical role in determining the settlement amount:

1. Severity of Injuries: The extent and permanence of the injuries directly influence compensation. Severe injuries that result in long-term disability or chronic pain often lead to higher settlements.
2. Economic Damages: These include measurable financial losses such as medical bills, lost wages, and future medical expenses. Documenting these costs is essential.
3. Non-Economic Damages: Maryland places a cap on non-economic damages, which include pain, suffering, and loss of enjoyment of life. As of 2025, this cap is adjusted annually for inflation and varies depending on the year the malpractice occurred.
4. Degree of Negligence: The level of the healthcare provider’s negligence also affects the settlement. Cases involving gross negligence or reckless behavior may result in higher awards.
5. Insurance Policies: The liability limits of the healthcare provider’s malpractice insurance can also influence the final settlement amount.

Understanding these factors can help you and your legal team assess the potential value of your case.

Maryland’s Cap on Damages

Maryland law imposes a cap on non-economic damages in medical malpractice cases. This cap limits the amount victims can receive for pain, suffering, and other intangible losses. For cases arising in 2025, the cap for non-economic damages is approximately $875,000 for an individual claim and $1,093,750 for wrongful death cases involving two or more beneficiaries.

While economic damages, such as medical bills and lost income, are not capped, understanding these limits is crucial for setting realistic expectations about your settlement.

The Role of Expert Witnesses

Expert witnesses play a critical role in Maryland medical malpractice cases. These witnesses, typically healthcare professionals, help establish the standard of care and demonstrate how the defendant’s actions deviated from it. Their testimony is essential for:

1. Validating the claim’s credibility.
2. Clarifying complex medical concepts for the court.
3. Strengthening the victim’s position during settlement negotiations.

A qualified medical malpractice lawyer will ensure the right expert witnesses are included in your case to maximize its value.

Settlement Negotiations vs. Court Trials

In Maryland, most medical malpractice cases are resolved through settlements rather than going to trial. Settlement negotiations offer several advantages:

1. Faster Resolution: Trials can take years, while settlements often conclude within months.
2. Reduced Stress: Avoiding a courtroom trial spares victims and their families additional emotional strain.
3. Certainty: Settlements eliminate the risk of losing at trial and receiving no compensation.

However, not every case settles. If negotiations fail, your lawyer may recommend pursuing a court trial to seek fair compensation. It’s essential to work with an experienced legal team that can navigate both processes effectively.

How Are Settlements Calculated?

Medical malpractice settlements in Maryland are calculated by considering both economic and non-economic damages. Economic damages include:

• Past and future medical expenses.
• Lost wages and reduced earning capacity.
• Costs of rehabilitation and assistive devices.

Non-economic damages, although capped, cover:

• Physical pain and suffering.
• Emotional distress.
• Loss of companionship or consortium.

In some cases, punitive damages may be awarded, though these are very rare in Maryland. Punitive damages aim to punish particularly egregious conduct by the healthcare provider and deter future negligence.

Steps to Take After Experiencing Medical Malpractice

If you believe you’ve been a victim of medical malpractice in Maryland, it’s important to act promptly. Follow these steps to protect your rights:

1. Seek Medical Attention: Your health and safety should be your top priority. Document all treatments and follow-up care.
2. Request Medical Records: Obtain copies of your medical records to support your claim.
3. Consult a Lawyer: An experienced medical malpractice attorney can evaluate your case, guide you through the process, and help calculate the potential value of your settlement.
4. File Within Deadlines: Maryland’s statute of limitations for medical malpractice claims is generally three years from the date of injury or discovery. Missing this deadline can jeopardize your case.

By taking these steps, you increase your chances of achieving a fair settlement.

Maryland Medical Malpractice Lawyer

If you or a loved one has suffered due to medical malpractice in Maryland, you deserve justice and fair compensation. At D’Amore Personal Injury Law, LLC, our team is dedicated to advocating for victims of medical negligence. We understand the complexities of Maryland law and work tirelessly to secure the settlements our clients deserve.

Don’t wait to take action. Contact D’Amore Personal Injury Law, LLC by calling (410) 846-0284 or contacting us online for a consultation. Let us help you understand your legal rights and options for pursuing compensation.