Many states limit the amount of damages that can be awarded in a medical malpractice injury lawsuit. There are generally three types of damages that can be awarded in a medical malpractice lawsuit:
- non-economic damages (pain and suffering, mental distress - intangible loss)
- economic damages (loss of income, loss of future earning potential, cost of future medical care)
- punitive damages (intended to punish the offender)
Often the first two types of damages are referred to as compensatory damages because the intent is to compensate the injured party for a loss, while punitive damages are intended as punishment.
Examples of Damage Limits
- Georgia: $350,000 cap on non-economic damages, $250,000 cap on punitive damages as long as there was no intentional harm, drugs or alcohol abuse involved
- Alaska: $400,000 or $8,000 x the patient life expectancy in years (whichever is greater) for non-economic damages unless severe disfigurement or impairment occurred (then the cap is $1,000,000). Punitive damages capped at $500,000 unless the defendant was motivated by financial gain.
- West Virginia: $1,000,000 maximum for non-economic damages
- Kansas: $250,000 limit on non-economic damages, $5,000,000 or the highest gross annual salary in the last 5 years of the defendant (which ever is less)
Why Are There Limits?
States that have instituted damage award caps through legislation have done so for several reasons, although the primary reason stated is an attempt to reduce the number of "frivolous" lawsuits and reduce malpractice insurance premiums by capping liability.
It is thought that decreasing the number of medical malpractice lawsuits and decreasing the possibility of astronomical damage awards will benefit the general public in several ways:
- If malpractice awards are lowered, and malpractice insurance premiums are reduced that will reduce the cost of health care to the consumer.
- More medical practitioners will be lured to practice in states with caps because of these lower premiums thereby giving more people in that state greater access to health care options.
- Competition will be increased among medical malpractice insurance carriers, lowering costs.
What About Patients Rights?
Some state courts have ruled that limiting damage awards in malpractice lawsuits is unconstitutional because it "interferes with a jury's power to award appropriate damages for errors."
Damage award limits cannot quantify the value of a life, and the loss of future enjoyment, experiences, pleasures and work. Many proponents of eliminating damage award caps point out that malpractice awards amount to only about 1% of the total annual costs of medical care in the United States each year and that limiting awards will have no impact on the cost of health care to the American public.
Get Legal Help
If you believe that you or a family member have been injured or harmed by medical malpractice, contact a licensed attorney as soon as it is feasible. An attorney can evaluate your situation, call in medical experts if needed, and advise you of your legal options under the laws of your state.
