The negligent conduct of individual causing death to another person gives rise to two distinct causes of action in Maryland. One such action is the wrongful death claim the other action is the survivor action. Each of these causes of action are subject to a statutory cap on how much can be recovered for non-economic damages. Economic damages are not subject to any cap. Incredibly the availability of a wrongful death claim and a survivor action are both available in a medical malpractice case in Maryland however each is combined into a single cause of action and is subject to the statutory cap on the non-economic damages.

As such, there is a big difference in the recovery available to victims of negligence causing death when you compare the negligence of  a person negligently driving a car and the negligence of a doctor causing death. As hard as it may be to believe in Maryland it is cheaper to take the life of a child then it is to seriously and permanently disable that child. For example, in Maryland when a doctor breaches the standard of care and takes your child's life the total damage recovery for non economic damages, pain and suffering, is limited to $812,000.00 which covers both the wrongful death claim and the survivor action. That is all you can recover for both the wrongful death and the survivor action. Since  the death involving a child occurred you generally find no economic damages. The insurance companies already know it will cost you a large amount of money in expert fees to pursue a medical malpractice claim. So that further reduces the settlement value of your case. Also, you will find that most attorneys who practice medical malpractice in Maryland will not even take your case due to the expert cost and this cap on non-economic damages. It makes you scratch your head and wonder how can it be. But that is the power of the Medical Association and insurance companies money and lobbyists and their influence on our lawmakers.

I will not even consider letting a negligent doctor get a free pass. Before you make your decision on what to do call me first. 1-888-760-7339.

The  wrongful death statute in Maryland can be found in the Courts and Judicial Proceedings Article starting with section 3-901 through 3-904. Additionally Maryland Rule 15 -1001 must also be reviewed prior to initiating suit. The wrongful death statute defines the persons who are entitled to bring an action for wrongful death as a result of the loss of someone who has died.  Specifically the claim may be brought by primary beneficiaries.  Those persons are defined as a spouse, a parent, and the children of the deceased person.  If there is no primary beneficiary then suit may be brought by secondary beneficiaries, who are defined as any person related to the deceased person by blood or marriage who was wholly dependent upon the deceased.  A person is considered wholly dependent under the wrongful death statute when he or she existed financially entirely on the income of the deceased and has no other consequential source or means of being financially self-supporting other than income of the deceased.  Even in circumstances where spouses are separated and near divorce the surviving spouse is still entitled to bring an action and obtain recovery.  An illegitimate child may also qualify the primary beneficiary under the statute. Additional a viable unborn child at the time of the decedent's death may qualify as a primary beneficiary under the statute.  However,  a stepchild, stepparent or personal representative however is not permitted to be a claimant under the statute.

It is important to remember that primary beneficiaries who are not pursuing suit must still be named in the pleadings. See