Bill Positions

Bill Number: SB 505

Bill Title: Health Care Malpractice - Noneconomic Damages

Bill Sponsor(s): Senator Gladden

Subject: Civil Liability

Committee: JPR

Bill Summary: This bill 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, 2009.

History: HB 2 of the 2004 special session 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 SB 550 died without a vote. In 2009 SB 505 received an unfavorable report from the Judicial Proceedings 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: Click here (pdf)

Chamber Staff: Ronald Wineholt

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