Medical Malpractice Settlement Cap

Answer:

People often ask me if there is a cap on medical malpractice damages. There are caps that are actually being litigated in our court system, even though they were passed merely a decade ago or longer. The reality is that those caps are only for the non-economic damages. Rather than talking about what those are and how they might affect the claim, we try to pursue every course of recovery to actually get total compensation for each client. There would not be caps, for example, that would affect a patient’s lost earning ability or a patient’s future medical expenses, or any other damages that would be part of the claim. There may be caps for non-economic damages, which we commonly refer to as pain and suffering, but that is still being litigated, and we expect to prosecute those whether they’re limited or not.