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Judge Holds Maryland Damages Cap Not Applicable to Malpractice Cases
May 9th, 2009
In a decision of broad impact to medical malpractice lawsuits across Maryland, a circuit judge in Rockville has refused to apply the state's "cap" on non-economic damages in a malpractice case. Judge John Debelius ruled that when the Maryland General Assembly revised the damage cap in 2005 to lower the amount that malpractice victims could recover from negligent doctors and hospitals, the legislature exempted cases in which the parties had not first gone through the state's pre-suit arbitration system. The decision was handed down late on April 20, 2009 in the case of Semsker v. Lockshin. The case concerned the death of 47-year-old Richard Semsker, a...
Source: Law & Health Weekly (2009-05-09)
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