Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz
University of Baltimore Law Review
No abstract provided.
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
University of Baltimore Law Review
A topic of fervent debate in recent years has been the growing crisis in personal injury liability insurance, particularly in the area of medical malpractice. Insurers, doctors, and lawyers have presented differing theories as to the cause and solution of the problem. In 1986, the Maryland General Assembly sought to resolve the crisis by limiting the amount recoverable for noneconomic damages in a personal injury action to $350,000. Similar provisions in other states have been struck down as unconstitutional. This comment examines the constitutionality of Maryland's noneconomic damages limitation and argues that the damage limitation violates both the state and …