For years, physician assistants (“PAs”) were not considered “health care providers” for purposes of Maryland’s cap on noneconomic damages. This incongruence in Maryland’s statutory framework was highlighted with each medical malpractice case filed against a PA — the recoverable damages against a PA were higher, despite his or her clinical practice being on par with other health care professionals.
The Maryland Legislature has now remedied this gap in the law by passing the Physician Assistant Modernization Act of 2024 (the “Act”), which became effective October 1, 2024. The Act adds PAs to the definition of “health care provider” in Courts and Judicial Proceedings Section 3-2A-01, meaning they are now covered by the same cap on noneconomic damages applicable to other health care providers.
Additionally, the Act restructures the PA-physician framework, replacing “delegation agreements” and “supervising physicians” with “collaboration agreements” and “patient care teams.” In short, the PA is now permitted to work as an independent member of the patient care team.
We anticipate these developments will impact medical malpractice cases in multiple ways, including the identification of the defendant health care providers at the time of filing suit, the potential elimination of discovery on agency issues, pre-suit settlement negotiations, and joint tortfeasor discussions.
Waranch & Brown stands ready to respond to this dynamic legal landscape with a proactive and strategic approach ensuring our PA clients benefit from these newly developing laws. Contact us to learn more about how we can help.