Norman A. Lockshin, M.d., P.a. v. Barbara S. Semsker

Summary

The court held that Maryland's statutory cap on noneconomic damages applies to all health care malpractice claims, including claims in which arbitration was waived. It further held that the cap must be applied before any credit for a joint-tortfeasor settlement and that evidence of medical-expense write-offs should be considered by the court post-verdict rather than presented to the jury. The judgment was reversed and the case remanded for application of the cap and a remittitur hearing.