Damages in Medical Malpractice Claims

While you can always sue for full reimbursement of your medical expenses, the other type of damages in medical malpractice claims are called “non-economic damages,” which can include the following:

• Disfigurement
• Loss of the enjoyment of life
• Loss of sexual organs
• Pain and suffering
• Physical and emotional distress
• Sterility

What are medical malpractice damage caps?

One important distinction between medical malpractice claims and other personal injury lawsuits is that many states have what are called “non-economic damage caps.” These caps prohibit a jury from awarding a plaintiff more than a specified amount for non-economic injuries. These types of non-economic damages, also sometimes called “quality of life” damages, are those aside from actual, quantifiable medical bills, which may always be compensated accordingly.

Malpractice damage caps vary greatly by state, but $350,000 is a common number. Because not all states have damage caps and because those that do have varying numbers, it’s important that you consult with an attorney who is experienced in trying medical malpractice claims in your state.

Will the jury know about damage caps in medical malpractice claims?

Sometimes, but in many states, juries are not informed of such caps before they enter deliberations regarding the verdict and any potential award. Not informing the jury of an applicable damages cap can actually help either side depending on the facts of the case, which is why it is often considered the fairest way to proceed with the award of damages.

What do damage caps have to do with tort reform?

Placing a nationwide cap on damages stemming from medical malpractice lawsuits is one proposal that proponents of tort reform often put forward. The logic behind this idea is that if non-economic damages were limited across the country, doctors’ medical malpractice premiums would go down (as there would have a limit on what they could be responsible for paying), and the costs of medical care would also decrease.

Opponents of damage caps, though, maintain that there is no demonstrated correlation between damage caps and insurance decreases, and that limiting a person’s damages violates several provisions of the Constitution, including the Equal Protection clause, separation of powers, and the right to a trial by jury.

This will likely continue to be a volatile area in American politics for some time, so be sure to consult an experienced medical malpractice lawyer in your area for the latest information.