State Limits on Medical Malpractice Awards
Medical malpractice claims can be very expensive to pursue. At the same time, many states limit the amount of non-economic damages that a victim can recover in a medical malpractice lawsuit. It is important to consider these limitations before pursuing a costly medical malpractice case.
What¿s the Difference between Economic and Non-Economic Damages?
Economic damages in a medical malpractice case refer to actual monetary losses suffered by the victim including medical bills, lost wages and loss of future earnings. Non-economic damages are monies awarded to a victim for unquantifiable losses such as pain and suffering.
What are the State Limits on Non-Economic Damages?
Many states limit non-economic damages in medical malpractice cases. For example:- California & Colorado: The state places a $ 250,000 cap on non-economic damages in medical malpractice cases.
- Florida
- In emergency room cases, the state limits a victim's recovery for non-economic damages to $150,000 from each physician and hospital involved in the medical malpractice case.
- For nonemergencies, the state limits a victim's recovery for non-economic damages to $500,000 from each physician, with an aggregate cap of $1 million for all claimants.
- For nonemergencies, the state limits a victim's recovery for non-economic damages to $750,000 from each hospital, HMO, hospice provider and other non-physician provider, with a $1. 5 million aggregate cap for all claimants.
- The cap may be raised in nonemergency situations if a judge determines it would be unjust not to exceed the cap.
- Maryland: As of October 1, 2003, the state limit on non-economic damages in medical malpractice cases was $635,000. This limit increases $15,000 every year.
- Massachusetts: The state places a $500,000 cap on non-economic damages in medical malpractice cases.
- Michigan
- The state places a $280,000 cap on non-economic damages in medical malpractice cases. The cap is adjusted annually for inflation.
- However, in some cases (i.e., hemiplegic, paraplegic, or quadriplegic due to brain injury or spinal cord, or permanently impaired cognitive injury) the cap is raised to $500,000.
- Texas: The state limits a victim's recovery for non-economic damages to $ 250,000 from each physician involved in the medical malpractice case, with a $250,000 cap against any single institution and a $500,000 cap on all health-care institutions combined.
Do I Need a Lawyer to Make a Medical Malpractice Claim?
Pursuing a medical malpractice claim can be very difficult. An experienced medical malpractice lawyer can help you understand your rights, privileges and your state's limits of recovery. A medical malpractice attorney can also represent you in court and file any necessary paperwork. |
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