Is There An Award Limit On Medcial Malpractice Suits?

Medical malpractice suits allow you to hold your doctor or the hospital responsible for negligence. However, there are some limitations placed on medical malpractice cases in some states as part of efforts called "tort reform" efforts.

Medical Malpractice Damages

When you bring a medical malpractice lawsuit, there are several types of damage awards available. For example, you may recover damages for:

Medical bills that you must pay as a result of the injury- i.e. if you need treatment to get over the problems caused by the doctor's medical negligence, you can recover the cost you spent for that treatment
Lost wages for any work you missed as a result of your injuries arising from your doctor's negligence
Pain and suffering
Emotional distress
Wrongful death
Punitive damages

Medical bills, lost wages, funeral bills and other actual financial costs for money you spent are considered compensatory damages or economic damages. Other damages- such as those for pain and suffering and emotional distress- are considered non-economic or non-compensatory. Punitive damages are a separate category of damages altogether, designed to punish the defendant as opposed to designed to compensate the plaintiff.

Tort Reform and Limits on Medical Malpractice Suits

Many different states have imposed limitations on the amount of money a plaintiff can recover for a medical malpractice lawsuit. These limits are primarily limits on non-compensatory damages. Plaintiffs are generally allowed to recover the full amount of actual or economic damages they suffered.

However, tort reform limits have set maximum damage amounts for non-compensatory damages. For example, in California, plaintiffs who bring medical malpractice lawsuits are limited to $250,000 in non-economic damages.

Limits on punitive damages also exist. While these limits vary by state, generally it is required that a doctor was grossly or egregiously negligent. Some states require his actions to have been intentional or motivated by financial gain in order for punitive damages to be appropriate. The limits, when punitive damages are permitted, are normally expressed in terms of the verdict itself... for example, it is common for punitive damages to be limited to no more than twice the compensatory damages.

Why Do Limits Exist?

Limits or damage caps exist because politicians believe that high medical malpractice suits were increasing the cost of health care, since doctor's had to pay high medical malpractice insurance premiums. By limiting the damage awards, insurance premiums can cost less and this savings can be passed on to the consumer.

Getting Help

If you have been injured by your doctor and are considering filing a medical malpractice lawsuit, consult with an experienced attorney in your state. Your attorney can explain what, if any, limits or damage caps exist for medical malpractice lawsuits in your state. Your attorney can also help you to prepare the evidence you need to win your case and collect your damages.

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