Medical Malpractice Economic Damages Expert in Maryland

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for medical malpractice cases venued in Maryland: the components the loss claim consists of, the records that drive them, and a present value built to Maryland's damages rules and venues. Plaintiff and defense.

A medical malpractice economic claim measures the earnings, benefits, household services, and care costs the injury added to the outcome the patient would have had with proper care, as the causation opinions in the record define it. Read the full medical malpractice analysis guide.

Maryland courts and expert standards

Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. An economic damages report is written to that standard, with each rate and table traced to its source.

Where these cases are heard

Highest court: Supreme Court of Maryland. Federal venues: D. Md. Court system: courts.state.md.us.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Maryland Workers' Compensation Commission.

Damages framework

Maryland pairs a wrongful death action for the beneficiaries' pecuniary loss and solatium with a survival action for the estate, and a statutory limit applies to the noneconomic portion of most awards while economic damages are unlimited. Contributory negligence remains a complete bar, the common-law collateral source rule applies, and prejudgment interest on unliquidated tort damages is generally not available.

How the analysis is built

The same four steps apply to a medical malpractice case venued in Maryland; the damages framework above decides which components enter the total.

  1. State the but-for path the causation opinions support: what the patient would have earned, for how long, and what care the underlying condition would have required regardless.
  2. Build the injured path from actual post-injury earnings, the work-capacity opinions, and the incremental care plan.
  3. Measure each component as the difference between the two paths, projected over the applicable life or worklife expectancy with stated growth.
  4. Discount the streams to present value and present the loss under each apportionment or life expectancy scenario the physicians offer.

Attorney guides for medical malpractice cases

Other case types in Maryland

Frequently asked: medical malpractice cases in Maryland

Which Maryland courts hear medical malpractice cases?

Medical Malpractice cases venued in Maryland are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, equity, domestic relations). Final appeals run to the Supreme Court of Maryland. Matters within federal jurisdiction proceed in the United States District Court for the District of Maryland.

How does Maryland's damages framework shape the economic analysis?

Maryland pairs a wrongful death action for the beneficiaries' pecuniary loss and solatium with a survival action for the estate, and a statutory limit applies to the noneconomic portion of most awards while economic damages are unlimited. Contributory negligence remains a complete bar, the common-law collateral source rule applies, and prejudgment interest on unliquidated tort damages is generally not available. Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. An economic damages report is written to that standard, with each rate and table traced to its source.

More questions about medical malpractice analysis

References

Request a consultation on medical malpractice cases in Maryland or call (201) 343-0700. Plaintiff and defense counsel.