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The Washington
Post Here are highlights of Maryland Gov. Robert L. Ehrlich Jr.'s medical malpractice bill: • Parties are required to try mediation before proceeding with a lawsuit. • Before cases move forward, plaintiffs must produce experts to attest to the fault of each defendant named in a suit. • Plaintiffs may not use a doctor's apology as evidence of guilt. • The cap on damages for "pain and suffering" in wrongful death cases is lowered from about $1.6 million to $650,000. • The cap on damages for "pain and suffering" in other cases remains at $650,000 for three years, instead of rising $15,000 a year under current law. • A consumer advocate, called the people's insurance counsel, is appointed to review any annual rate increase exceeding 10 percent sought by an insurer. • A "rate stabilization" fund is created to curb doctors' insurance rates; details of the fund are delegated to a five-member board appointed by the governor and legislative leaders. • The governor is directed to appropriate an unspecified amount of money to the fund for the next two years; no new funding source is created. © 2004 The Washington Post Company |
