Bill Positions

Bill Number: HB 622

Bill Title: Health Care Malpractice - Noneconomic Damages

Bill Sponsor(s): Del. Waldstreicher, et al.

Subject: Civil Liability

Committee: JUD

Bill Summary: This bill would have increased the cap on non-economic damages from $680,000 to $740,000. It also would have increased the cap on non-economic damages to 150% of the amounts allowed for medical injury liability cases involving both a survival action and a wrongful death action after October 1, 2010.

History: HB 2 of the 2004 special session froze the $15,000 annual escallator in the non-economic damages cap for 4 years. It also eliminated the "double cap" on non-economic damages in cases where there is a personal injury and wrongful death action arising from the same medical injury, but provided a 125% limitation on such damages in wrongful death cases with two or more claimants or beneficiaries. In 2008 HB 969 died in the Judiciary Committee without a vote. In 2009 HB 237 died in the Judiciary Committee without a vote. In 2010 HB 622 again died without a vote in the Judiciary Committee.

Chamber Position: Oppose

Position Summary: The MD Chamber opposed this bill because it would have exacerbated the shortage of physicians in this state resulting from high medical liability costs. There is no reason to weaken the modest medical liability reforms enacted in 2004 which slowed increases, but did not meaningfully reduce, the cost of medical liability insurance.

Position Statement: To view the Chamber's complete position statement, click here (pdf).

Chamber Staff: Ronald Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.