Malpractice Reform | Non-economic Damages | Cap on Damages ...
Medical malpractice reform as seen in H.R. 5 passed by the House of Representatives would limit non-economic damages to $250,000.00 in medical malpractice cases.
President Obama in his recent State of the Union speech endorsed medical malpractice reform. Shortly after the speech, the above referenced bill was passed by the House. Within any medical malpractice action typically the damages that are recoverable are economic damages and non-economic damages. The economic damages are the medical expenses and lost income incurred or to be incurred. The non-economic damages are the ongoing disability, pain and suffering, and the anguish associated with the injury. What this means is that if an infant were to suffer a debilitating brain injury then the damages would probably be capped at $250,000.00 as to that child’s pain and suffering. If there were economic damages that could be proven then those would be recoverable and there would be no limit on those. To give another example, if a patient were to be a victim of wrong-site surgery and thereby lose a limb, assuming that there was no corresponding loss of income then the claim would be limited to $250,000.00.
Medical Malpractice Caps for Emergency Room Errors Adopted in ...: A few weeks ago on this site, my Carolina med...
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Find Florida's Cap for Medical Malpractice Damages and Attorneys in your area. ... The cap on pain and suffering can be extended up to $1,500,000, depending on who was at fault. ...