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Maryland’s Highest Court to Determine Constitutionality of Cap on Damages Awards

Posted By Regan Zambri & Long || 23-Apr-2010

Posted by: Salvatore J. Zambri, founding partner              

American Medical News reported that the Maryland Court of Appeals "is set to decide the constitutionality of a general liability cap in a case that likely will impact a separate limit on noneconomic awards in medical liability suits." On April 2, the court "heard oral arguments in a wrongful death case" in which a $4 million verdict had been reduced to "$1 million, based on a noneconomic damage cap in general personal injury cases," a case which plaintiffs "appealed, contending that the cap violated their equal protection rights."

I am a Past-President of the Trial Lawyers Association of Metropolitan Washington, DC, and I am very involved in working to be sure Americans, particularly those that live in the Metro area, have fair access to justice.  Artificial caps have proven to do nothing to limit overall medical costs.  Caps simply feed the greed of special interest groups to the detriment of the people who suffer catastrophic injuries due to the carelessness of others.  Caps have been found unconstitutional in several states, and I hope the Maryland Court recognizes the clear unconstitutionality of these limits on justice.  Profit should never be put over people.

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About the author:

Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area.  The magazine also acknowledges him as "one of Washington’s best–most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims.  Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine–a national publication that honors the top lawyers in America.  

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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