Cap Survives in Maryland – LOCKSHIN v SEMSKER decided

This post was authored by Brian Nash and posted to The Eye Opener on January 13th, 2010.

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Well for all those who thought there might be a ‘crack’ in the cap law of Maryland – not going to happen.

This morning, I received in my new decisions alert the Maryland Court of Appeals decision in Lockshin v. Semsker.  The highest court in Maryland, the Court of Appeals, reversed the decision of the Circuit Court for Montgomery County, MD, which had ruled that in medical malpractice cases that were not the subject of arbitration, the cap on non-economic damages did not apply.  The Court of Appeals, in a foreseeably lengthy and detailed opinion, has held that this was not the correct statutory interpretation and that the cap did apply.

Want to read this decision now?  Click here to

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