There are two types of medical malpractice damages one can seek recovery for:
- Compensatory Damages/Actual Damages — are awarded for the loss of wages, the loss of additional wages, and the cost of additional treatment that came about as a result of the injury. Essentially, it is recovery for any actual money that was lost as a direct result of the injury.
- Punitive Damages — are awarded in addition to actual damages when the health care provider acted with recklessness, malice, or deceit. It is intended to punish and discourage blameworthy conduct.
Tort Reform
Since 2000, increased conflict among patients, insurance companies, the medical community, lawyers, and victims’ rights groups have spawned a new movement in addressing medical malpractice: tort reform.
Tort reform is a movement to reduce the amount if tort litigation. This usually involves legislation that restricts tort remedies, or that puts a cap on damage awards (especially punitive damages). Award caps limit the maximum amount of money an individual can recover in a medical malpractice lawsuit.
Advocates of tort reform argue that it lowers insurance and health care costs. Opponents contend that it denies individuals the recovery they deserve for their injuries.
However, know that many of these laws are being challenged in several state Supreme Courts. Therefore, it is important to remember that although there may be a cap in your state, it may not hold up in court. A medical malpractice lawyer can determine if you have a valid lawsuit and are entitled compensation due to medical negligence.
Award Caps by State
A list of Award Caps by State.
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