On January 8, 2025, House Bill 113 was introduced and read for the first time, which if passed by the Maryland Legislature and signed into law by the Maryland Governor, would repeal Maryland’s cap on noneconomic damages in medical malpractice cases and other personal injury cases.

The current cap on noneconomic damages in Maryland is $950,000 for individual personal injury claims and is increased by $15,000 on October 1 of every year. The Maryland Senate passed a different version of the House bill in 2024, which would have amended the cap to $1.75 million and raised the annual increase to $20,000.

Maryland House Bill 113 reads as follows:

1 AN ACT concerning
2 Civil Actions – Noneconomic Damages – Personal Injury and Wrongful Death
3 FOR the purpose of repealing certain limitations on noneconomic damages in civil actions
4 for personal injury or wrongful death; and generally relating to noneconomic
5 damages.
6 BY repealing
7 Article – Courts and Judicial Proceedings
8 Section 11–108
9 Annotated Code of Maryland
10 (2020 Replacement Volume and 2024 Supplement)
11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
12 That the Laws of Maryland read as follows:
13 Article – Courts and Judicial Proceedings
14 [11–108.
15 (a) (1) In this section the following words have the meanings indicated.
16 (2) (i) “Noneconomic damages” means:
17 1. In an action for personal injury, pain, suffering,
18 inconvenience, physical impairment, disfigurement, loss of consortium, or other
19 nonpecuniary injury; and
20 2. In an action for wrongful death, mental anguish,

1 emotional pain and suffering, loss of society, companionship, comfort, protection, care,
2 marital care, parental care, filial care, attention, advice, counsel, training, guidance, or
3 education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this
4 article.
5 (ii) “Noneconomic damages” does not include punitive damages.
6 (3) “Primary claimant” means a claimant in an action for the death of a
7 person described under § 3–904(d) of this article.
8 (4) “Secondary claimant” means a claimant in an action for the death of a
9 person described under § 3–904(e) of this article.
10 (b) (1) In any action for damages for personal injury in which the cause of
11 action arises on or after July 1, 1986, an award for noneconomic damages may not exceed
12 $350,000.
13 (2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any
14 action for damages for personal injury or wrongful death in which the cause of action arises
15 on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000.
16 (ii) The limitation on noneconomic damages provided under
17 subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year
18 beginning on October 1, 1995. The increased amount shall apply to causes of action arising
19 between October 1 of that year and September 30 of the following year, inclusive.
20 (3) (i) The limitation established under paragraph (2) of this subsection
21 shall apply in a personal injury action to each direct victim of tortious conduct and all
22 persons who claim injury by or through that victim.
23 (ii) In a wrongful death action in which there are two or more
24 claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the
25 limitation established under paragraph (2) of this subsection, regardless of the number of
26 claimants or beneficiaries who share in the award.
27 (c) An award by the health claims arbitration panel in accordance with §
28 3–2A–05 of this article for damages in which the cause of action arose before January 1,
29 2005, shall be considered an award for purposes of this section.
30 (d) (1) In a jury trial, the jury may not be informed of the limitation
31 established under subsection (b) of this section.
32 (2) (i) If the jury awards an amount for noneconomic damages that
33 exceeds the limitation established under subsection (b) of this section, the court shall
34 reduce the amount to conform to the limitation.
35 (ii) In a wrongful death action in which there are two or more

1 claimants or beneficiaries, if the jury awards an amount for noneconomic damages that
2 exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall:
3 1. If the amount of noneconomic damages for the primary
4 claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section:
5 A. Reduce each individual award of a primary claimant
6 proportionately to the total award of all of the primary claimants so that the total award to
7 all claimants or beneficiaries conforms to the limitation; and
8 B. Reduce each award, if any, to a secondary claimant to zero
9 dollars; or
10 2. If the amount of noneconomic damages for the primary
11 claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there
12 is no award to a primary claimant:
13 A. Enter an award to the primary claimant, if any, as
14 directed by the verdict; and
15 B. Reduce each individual award of a secondary claimant
16 proportionately to the total award of all of the secondary claimants so that the total award
17 to all claimants or beneficiaries conforms to the limitation.
18 (e) The provisions of this section do not apply to a verdict under Title 3, Subtitle
19 2A of this article for damages in which the cause of action arises on or after January 1,
20 2005.]
21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
22 apply only prospectively and may not be applied or interpreted to have any effect on or
23 application to any cause of action arising before the effective date of this Act.
24 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
25 October 1, 2025.

If you or a loved one may have been injured (or worse) as a result of medical malpractice in Maryland, you should promptly find the best Maryland medical malpractice lawyer for you, who may investigate your medical malpractice claim for you and represent you or your loved one in a Maryland medical malpractice case, if appropriate.

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