What is a Medical Malpractice Damage Cap?
Limits or caps were implemented in approximately half of states in America as part of tort reform and are now state law. Damage caps vary from state-to-state, and in some states, they were successfully challenged as unconstitutional and abolished. In most cases, they are changed every year – usually in January.
Caps on damages in medical malpractice cases can apply to the total amount of damages (umbrella cap), non-economic damages or economic damages. Some include punitive damages, while others do not.
Economic damages include any medical bills, out-of-pocket expenses, lost wages, or lost opportunities resulting from an injury that you’ve suffered as a result of medical negligence. This may include past medical care, ongoing medical care, and any other measurable financial losses or expenses.
Non-economic damages include pain and suffering, anxiety, emotional distress, loss of consortium, and loss of society and companionship all of which can affect the quality of life. These are considered more difficult to prove, as they are less tangible.
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