State Limits on Medical Malpractice Awards
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.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-01-2010 10:34 AM PDT
