Award Limits for a Medical Malpractice Lawsuit

More than half of all states in the U.S. have placed a cap on damages in medical malpractice lawsuits. Some states have enacted laws that put a cap on damages in medical malpractice cases.  When a patient sues a hospital, the plaintiff may be limited to recover a specific amount for damages. 

There has been proposed legislation to put a nationwide cap of $250,000 for damages recovered in medical malpractice or personal injury cases.  However, some see this as unfair because it would not only cap frivolous cases, but impact legitimate cases with severe injuries. 

This means that the most seriously injured victims will only receive partial compensation while the less injured may receive full compensation.

Types of Damages

The plaintiff’s damages may include both compensatory and punitive damages.  Compensatory damages are both economic and non-economic.  Economic damages are losses that include lost wages, loss of future income and medical expenses.  Non-economic damages are non-monetary losses that include:

• Damages for pain and suffering
• Mental anguish
• Disfigurement
• Physical impairment
• Inconvenience
• Loss of companionship
• Loss of enjoyment of life
• Loss of consortium (disruption of the marriage relationship caused by injury)

When to Talk to a Medical Malpractice Lawyer

If you suspect that you or a loved one has suffered negligence at the hands of a medical professional, you should consult with a medical malpractice lawyer before the statute of limitations runs out.

Medical malpractice lawsuits are time consuming and costly for doctors.  However, every person has the legal right to defend themselves against malpractice lawsuits.  If you are a medical professional facing a a lawsuit, you should consult with a legal professional that specializes in this area of law.