Many people believe that a medical malpractice award is a large award. In fact, many medical malpractice awards were large... so large that doctors had to carry a lot of medical malpractice insurance, thus increasing their costs and decreasing their profitability. As a result, some states believed that the high average medical malpractice award was increasing the cost of health care for the average citizen and thus instituted tort reform measures.
What Determines a Medical Malpractice Award
if a case goes to court, a medical malpractice award is determined by the jury. The award can include the actual medical bills the patient had to pay to get treatment for the negligent medical care or misdiagnosis. Any work the patient missed is compensated. If the patient suffered from pain and suffering or emotional distress as a result of the doctor's malpractice, those damages are included in the damage award. In many cases, punitive damages are also awarded to the patient. If a patient dies, his family or estate can also sue and recover wrongful death damages, as well as damages for their own loss in the form of loss of companionship or loss of consortium claims. All of these damages- especially punitive damages- can really add up and can result in high medical malpractice damages.
Some believe that juries tended to be generous with victims of medical malpractice, contributing to high awards. When a jury heard about a doctor doing something wrong, often the jurors were eager to compensate the patient both because doctor's are supposed to take care of people and because the juror likely believed that the doctor had more money and that his insurance company would cover it anyway, so the plaintiff deserved it more. In addition, in certain cases, the jury also experiences an emotional reaction- this explains, in large part, why medical malpractice awards for mistakes made by obstetricians were high and why those who deliver babies have some of the highest medical malpractice insurance costs.
Tort Reform
Tort reform initiatives aim to lower the high medical malpractice award average. Some states, such as California for example, put limits on non-economic damages resulting from medical malpractice. For example, in California, a victim is generally limited to $250,000 in non-economic damages.
Getting Help
If you have been the victim of a medical malpractice case, you should consult with an experienced attorney to determine what your likely recovery will be given the laws in your state and the nature of your injuries.
