Md. Supreme Court Affirms Virginia Damages Cap in Medical-Malpractice Case
"We hold that the circuit court erred in applying the Maryland cap on non-economic damages to the damages that the jury awarded to Ms. [Shelly] Blackston," Justice Angela M. Eaves wrote in her opinion for the Maryland Supreme Court. "Therefore, the cap on damages under Virginia law, not Maryland law, is applicable to the damages awarded by the jury."
August 02, 2024 at 01:59 PM
3 minute read
What You Need to Know
- A Maryland jury awarded Shelly Blackston more than $2.3 million in medical malpractice damages in 2020.
- The Maryland Supreme Court ruled the trial court judge erred in applying the wrong damages cap.
- The state high court affirmed Blackston is entitled to $2.15 million under Virginia law, not the lower cap for noneconomic damages under Maryland law.
The Maryland Supreme Court ruled in favor of an injured liposuction patient Wednesday, finding her entitled to the maximum medical malpractice damages under Virginia law because of the permanent injuries she suffered in that state and rejecting the lower cap threshold for noneconomic damages under Maryland law.
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