States have passed some form of law that limits the amount of money a medical malpractice plaintiff can receive after a successful lawsuit, that is, one in which the jury finds that a health care provider harmed a patient by committing medical malpractice. Most of these laws place a limit on non-economic damages only, including compensation for things like pain and suffering. But some state legislatures have approved a general cap for all forms of damages in medical malpractice cases, including compensation for long-term disability costs. To learn more about medical malpractice damage limits in your state, look for them in the list of links below.
If you don't see your state on this list, it means that there is currently no legal limit to damages where you live. Alaska California Colorado Florida Georgia Hawaii Illinois Indiana Kansas Louisiana Maine Maryland Massachusetts Michigan Michigan Michigan Mississippi Mississippi Missouri Montana Nebraska Nevada New Jersey New Mexico North Carolina North Dakota North Dakota Ohio Oklahoma Oregon VirginiaWest VirginiaWisconsin Start Here To find personal injury lawyers near you. Note that states that currently have no statutory limits on damages for medical malpractice cases have been omitted from this table. Of the 29 states with limits on medical malpractice lawsuits, specific dollar limits vary greatly from state to state.
Medical malpractice caps have been in the news a lot with the attempt to repeal the Affordable Care Act and the federal bill to limit medical malpractice caps to supposedly “save money on health insurance. Damage limits are liability reform laws that limit the amount of damages that can be awarded in medical malpractice cases. States have passed laws that impose limits (or limits) on the amount of non-economic damages that can be awarded in medical malpractice cases. The following table highlights the different medical malpractice caps that have been imposed in several states in the U.S.
UH. In short, medical malpractice damage limits limit the amount of money a person can recover if they are injured by a negligent act or avoidable medical error. But which states have them? Here's a summary of states that have medical malpractice limits or have rejected them. Of the states that have limits on damages in medical malpractice lawsuits, 22 set limits only on non-economic damages, while 5 states place a limit on total damages.
It's clear that navigating medical malpractice damage limits may not be as simple or straightforward as some might think. While 21 states and the District of Columbia do not limit medical malpractice damages, only 13 of them have declared the limits unconstitutional. Broadly speaking, medical malpractice damage limits were enacted in response to perceived crises focusing on the cost and availability of medical liability insurance. Many states place additional restrictions on what types of compensatory damages have limits on medical malpractice lawsuits.
If you or a loved one has any questions about medical malpractice claims and limits, it is always recommended to consult an attorney who is experienced in medical malpractice cases.
