Medical malpractice damage caps are limits that are placed on the amount of compensation that a person can receive in a malpractice lawsuit. These limits are enforced in order to prevent the filing of frivolous lawsuits. In the past, many doctors, physicians, and health care organizations have been targeted by persons seeking to collect large sums of money in a medical malpractice case. In order to prevent abuses of the system, some states place limits on damages amounts.
For instance, the state of Texas limits medical malpractice damage awards to $250,000 for lawsuits against doctors, physicians, and health care organizations. Some states don’t enforce any damage caps at all.
Which States have No Medical Malpractice Damages Caps?
The following states do not have medical malpractice damages caps: AL, AZ, AK, CT, DE, DC, IA, KT, MN, NH, NY, PA, RI, VT, WA, and WY. Some state laws on damages may be slightly different. For instance, Pennsylvania does not enforce a cap for medical malpractice damages; however they do enforce a cap for punitive damages. Also, this area of law is subject to change, and many states are considering bills which might change their policy on medical malpractice damages.
What if I Need to File for Medical Malpractice?
Filing for medical malpractice can be very complicated. You will benefit by compiling any medical documents, records, or receipts that are related to your claim. You will likely be using these as evidence in support of any requests that you might have during trial. Also, you will want to probably want to consult with professionals, such as a lawyer, an expert medical witness, and other persons who can help with your claim.
When filing for medical malpractice damages, you will need to prove that you were actually injured and suffered losses, and that the losses were caused by the defendant in question. Without a provable injury, you will likely not be able to recover damages.
Do I Need a Lawyer for Assistance with Medical Malpractice Damages?
If you have any questions about the medical malpractice laws in your area, you may wish to hire a personal injury lawyer. Your attorney can advice you on the laws that apply to you, as these can be different from area to area. Also, you lawyer can represent you during trial and can help secure a remedy for your losses.