Medical Liability Reform
Deliberations on medical liability reform continue on the state level. The Governor's Task Force
on Medical Malpractice concluded it meetings on November 1st. However, before the Task
Force had formalized its recommendations, the Governor submitted draft legislation to the
President of the Senate and Speaker of the House for consideration. The Governor's draft
legislation includes a number of reform measures, including strengthening the qualifications of
medical experts, freezing the cap on non-economic damages at $650,000 and eliminating the
double cap in wrongful death cases. The bill also provides for apology protection, limited
immunity for emergency room practitioners, and that awards over $100,000 must be paid in the
form of an annuity. While the three principals have had the legislation since the last week of
October, negotiations on the legislation have not yet begun. The Senate Special Commission on
Medical Malpractice is still meeting bi-weekly and is scheduled to finish their deliberations at the
beginning of December. The Speaker of the House has been visiting hospitals across the State in
an effort to educate himself and members of the House as to how the medical malpractice crisis
is affecting hospitals and the physicians who practice there. The Speaker paid a joint visit to
Johns Hopkins Hospital and Bayview Medical Center on October 14th and visited Howard
County General Hospital on October 22nd. Discussions continue regarding the possibility of a
Special Session before the end of the year in order to enact some form of medical liability reform
and there is a push for such a session by November 18th. For a summary of the Governor's
legislation please contact Heather Barthel at (443) 287-9926 or hbarthel@jhmi.edu.