Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

Maryland runs two parallel caps on two different calendars — and adds a gatekeeping step to malpractice claims that ordinary injury claims never face.

A lower cap on a different calendar

Ordinary injury claims fall under §11-108, with a limit that rises $15,000 every October 1. Malpractice claims fall under §3-2A-09, whose limit has risen $15,000 every January 1 since 2009 and is set by the year of the injury. It is reported at $920,000 for 2026, against $965,000 or $980,000 for an ordinary injury depending on the date.

One aggregate limit for the whole family

The malpractice cap applies in the aggregate to all personal injury and wrongful death claims arising from the same medical injury, regardless of how many claimants or defendants there are. If a wrongful death action has two or more beneficiaries, the total is 125% of the base figure — a smaller step up than the 150% in ordinary cases.

A different deadline and a gatekeeping step

Under §5-109, a malpractice claim must be filed within the earlier of 5 years from the injury or 3 years from its discovery. Before suing, the claim goes to the Health Care Alternative Dispute Resolution Office, with a certificate from a qualified expert generally due within 90 days.

Fault works the same way

Contributory negligence applies to both kinds of claim: any fault of the patient's own bars recovery.

This is general information, not legal advice. Medical malpractice claims involve procedural requirements beyond what's described here. Confirm how Maryland's rules apply to your specific case with a licensed attorney.