Medical Malpractice Caps and What This Means for Victims

Medical malpractice suits are extremely complex. Oftentimes, even if a victim ‘wins’ their case, they run into medical malpractice caps that limit their compensation. Continue reading to learn all about medical malpractice caps, and what this means for the victims of medical negligence.306002914_70c6f8b6e2_z (1)

What are Medical Malpractice Caps?

Medical malpractice caps are limits set by each individual state, capping the amount of money that can be awarded to a victim for non-economic damages in a medical malpractice suit.

The Difference Between Economic and Non-Economic Compensation

Economic damages refer to the monetary losses a victim has experienced or will experience in the future. Some examples of economic damages include:

  • Reasonable funeral and burial expenses
  • Medical expenses and medical care
  • Rehabilitation services and custodial care
  • Loss of earnings and earning capacity
  • Loss of income and support
  • Loss of employment, employment opportunities, or loss of business

Since a monetary amount cannot be simply tied to these non-economic damages, lawmakers have placed caps on the amount that can be rewarded to victims.

Non-economic damages include:

  • Pain, suffering and inconvenience
  • Physical impairment or disfigurement
  • Mention and/or emotional anguish
  • Fear of injury, loss or illness
  • Loss of society, companionship or consortium
  • Injury to reputation or humiliation

Some victims, including children and seniors, may not be awarded economic compensation due to unemployment at the time of the incident. This is why non-economic compensation is so important to victims of medical malpractice.

What this Means for Victims

Victims of medical negligence rely on economic and non-economic compensation in a medical malpractice suit. The money awarded from these cases often goes toward paying medical bills and funding mandatory changes in the lives of the victims. If a victim is not rewarded a sufficient amount of money to make ends meet, they will be facing a long, tough journey on their own, or with the help of state funded assistance.

If you or someone you know is facing a medical malpractice issue, don’t hesitate to contact an attorney at O’Keeffe O’Brien Lyson Foss. Our talented team of attorneys will work hard to help you receive the compensation you deserve.

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