Wednesday, January 13, 2010
2nd Challenge to Noneconomic Damage Cap Fails
A unanimous Court of Appeals held yesterday that Maryland’s cap on non-economic damages applies to all health care malpractice claims, not just those submitted to voluntary arbitration. The decision in Lockshin v. Semsker overturned a Montgomery County Circuit Court decision that would have threatened the cap law. The decision also provided beneficial interpretations of law governing application of the cap to settlements and releases and reduction of verdicts for medical write-offs. Earlier this year the Court held in Green v. N.B.S. Inc. that Maryland’s non-economic damages cap applies to claims brought under the Maryland Consumer Protection Act. One case remains in the Court of Appeals raising a constitutional challenge to the cap law, D.P.R. Pool Service, Inc v. Thomas Freed. The Maryland Chamber is participating in an amicus brief asking that the constitutionality of the cap again be affirmed. See the Semsker decision here. For more information, email me at .
