Which states don’t have a damage cap for medical malpractice cases?
A medical malpractice “damages cap” is a law that sets a
limit on the amount (or type) of compensation that an injured patient can receive
after a successful medical
malpractice lawsuit. So, when a patient makes a case that a doctor or other
health care professional was negligent, and a jury agrees and holds the doctor
liable, any resulting award will be subject to the damages cap.
Most caps limit non-economic damages, which compensate the
plaintiff for pain and suffering, anxiety, scarring, and other more subjective
negative effects of the malpractice. Caps rarely apply to economic losses like
medical bills and lost income (or lost ability to earn income) although a small
handful of states do have an “umbrella” cap on total damages a med mal
plaintiff can receive. A little more
than half of states have some variation of a medical malpractice damages cap.
So, which states have no cap on damages in medical
malpractice cases? Here’s a list:
Alabama, Arizona, Arkansas, Connecticut, Delaware, District
of Columbia, Iowa, Kentucky, Minnesota, New Hampshire, New York, Pennsylvania
(but punitive damages are capped), Rhode Island, Vermont, Washington, and
Learn more about Damages
in Medical Malpractice Cases.
by: David Goguen, J.D.