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 federal constitutions. The author concludes with a discussion of the feasibility and potential effectiveness of alternative legislation.
Andersen, James R.
"Comments: Blasting the Cap: Constitutional Issues Arising from Maryland's Limitation of Noneconomic Damages in Personal Injury Claims,"
University of Baltimore Law Review: Vol. 16
, Article 6.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol16/iss2/6