Over half of U.S. states have passed some version of a law that limits the amount of money a medical malpractice plaintiff can receive after a successful lawsuit—meaning one in which the jury finds that a health care provider harmed a patient by committing medical negligence. In this article we'll:
In the language of the law, "damages" refers to compensable harm suffered by one person, as a result of someone else's wrongdoing. In the context of a medical malpractice claim, an injured patient's damages often include:
Learn more about damages in medical malpractice cases.
Damages caps are laws that place limits on the amount of compensation an injured person can receive, even when their lawsuit is successful in court.
Most state laws limiting medical malpractice damages place a "cap" on non-economic damages only, which includes compensation for things like "pain and suffering" and the other non-financial, subjective effects of the health care provider's mistake (including loss of enjoyment of life and inability to participate in hobbies and pursue interests).
Except in a few states, there is generally no limit on measurable economic damages (such as the cost of past and future medical treatment and compensation for lost income and lost ability to earn a living). A few state legislatures have passed an umbrella cap on all forms of damages in medical malpractice cases, including compensation for the costs of long-term disability.
There are a few reasons why laws capping medical malpractice damages have passed, including the perceived need to balance large (perhaps excessive) jury awards against a doctor's ability to afford malpractice insurance and provide quality care. Plaintiff's lawyers would tell you that these caps protect the health care industry's bottom line at the expense of patients who have suffered legitimate injury at the hands of unqualified doctors.
To learn more about medical malpractice damages caps where you live, look for your state in the list of links below. If you don't see your state on this list, that means it currently has no statutory cap on damages.
If you're thinking about bringing a medical malpractice claim against a doctor or other health care provider, understanding how your state's laws might limit your compensation is important, but it's just a small part of a complex picture.
There are some kinds of legal claims that you might capably handle on our own, but a medical malpractice lawsuit isn't one of them. Health care providers and their medical malpractice liability insurance companies tend to dig in and fight allegations of medical negligence, and having an experienced legal professional on your side is the only way to even the playing field.
A medical malpractice lawyer (along with their network of medical experts and consultants) will have the skills and the experience to build your best case and fight for a fair result.