Medical Malpractice States

Medical malpractice is a bigger problem in this country than many people realize. They don't realize the tremendous numbers of people who have been victims of medical malpractice, one study indicating that it is up to 1.5 million people every year. As a result of medical malpractice injuries, victims can retain a medical malpractice attorney who can determine if they have a case and begin the malpractice suit. However, malpractice laws vary by state, and one of the biggest differences among states is the medical malpractice cap in some states but not in others. The cap is a part of tort reform that limits the amount of non-economic damages an individual can be awarded. The majority of medical malpractice states have such a cap, but some are contemplating adding the cap and others are considering repealing it. The goal is to keep medical malpractice insurance rates down so that doctors will not have to pass on huge rate increases to consumers every year.

Fast Facts

  • Some states with tort reform damage caps are seeing an influx of doctors leaving states without caps.
  • Medical malpractice damage caps can be anywhere from $250,000 to $750,000.

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