Judge Strikes Down Cap on Malpractice Suit Awards

Posted on May 09, 2008

 

Reasoning that a medical malpractice cap on non economic damages, or pain and suffering, applying to patients who had been victims of medical negligence gave special protections to the health care industry, a Georgia judge ruled that state's legislative cap on pain and suffering was unconstitutional.

The judge reasoned that the law also limited the rights of poor and middle class patients who had been victims of medical malpractice as opposed to wealthy patients (who could prove large economic losses - such as lost future income - because of their higher incomes). 

There is no cap on recovery in D.C. medical malpractice cases.  Maryland has a cap on non-economic damages recoverable in medical malpractice lawsuits. Virginia medical malpractice victims face a cap on all damages - economic and non-economic.  The amount of the Virginia medical malpractice cap will increase to $2 million in July 2008. 

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