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2350 LAWS OF MARYLAND Ch. 639
(A) IN THIS SECTION, :
(1) "NONECONOMIC BOSSES DAMAGES" MEANS PAIN,
SUFFERING, INCONVENIENCE, PHYSICAL IMPAIRMENT, DISFIGUREMENT,
LOSS OF CONSORTIUM. OR OTHER NONPECUNIARY INJURY AND;
(2) "NONECONOMIC DAMAGES" DOES NOT INCLUDE PUNITIVE
DAMAGES.
(B) A MONEY JUDGMENT ENTERED IN ANY ACTION FOR DAMAGES FOR
PERSONAL INJURY AN INJURY ARISING OUT OF THE RENDERING OF OR
FAILURE TO RENDER PROFESSIONAL SERVICES BY A HEALTH CARE
PROVIDER, AS DEFINED IN § 3-2A-01 OF THIS ARTICLE, MAY NOT
EXCEED $250,000 $350,000 FOR NONECONOMIC LOSSES.
(B) IN ANY ACTION FOR DAMAGES FOR PERSONAL INJURY IN WHICH
THE CAUSE OF ACTION ARISES ON OR AFTER JULY 1, 1986, AN AWARD FOR
NONECONOMIC DAMAGES MAY NOT EXCEED $350,000.
(C) AN AWARD BY THE HEALTH CLAIMS ARBITRATION PANEL IN
ACCORDANCE WITH § 3-2A-06 OF THIS ARTICLE SHALL BE CONSIDERED A
MONEY JUDGMENT AN AWARD FOR PURPOSES OF THIS SECTION.
11-109.
(A) IN THIS SECTION, "NONECONOMIC LOSSES" MEANS PAIN,
SUFFERING, INCONVENIENCE, PHYSICAL IMPAIRMENT, DISFIGUREMENT, OR
OTHER NONPECUNIARY INJURY.
(B) IN ANY ACTION FOR DAMAGES FOR PERSONAL INJURY THAT
INCLUDES COMPENSATION FOR FUTURE DAMAGES IN EXCESS OF $50,000, A
COURT SHALL, AT THE REQUEST OF EITHER PARTY, ORDER THAT THE
FUTURE DAMAGES PORTION OF THE AWARD BE PAID IN PERIODIC PAYMENTS
CONSISTENT WITH THE FUTURE NEEDS OF THE PLAINTIFF.
(C) (B) AS PART OF THE VERDICT IN ANY ACTION FOR DAMAGES
FOR AN INJURY ARISING OUT OF THE RENDERING OF OR FAILURE TO
RENDER PROFESSIONAL SERVICES BY A HEALTH CARE PROVIDER, AS
DEFINED IN § 3-21-01 OF THIS ARTICLE, THE TRIER OF FACT SHALL
ITEMIZE THE AWARD TO REFLECT THE MONETARY AMOUNT INTENDED FOR:
(1) PAST MEDICAL EXPENSES,
(2) FUTURE MEDICAL EXPENSES;
(3) PAST LOSS OF EARNING;
(4) FUTURE LOSS OF EARNINGS;
(5) PAST NONECONOMIC LOSES LOSSES; AND
(6) FUTURE NONECONOMIC LOSSES.
(D) THE COURT MAY ORDER THAT THE FUTURE DAMAGES PORTION OF
THE AWARD BE PAID IN THE FORM OF ANNUITIES OR OTHER APPROPRIATE
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