The states that are not a party to the list above do not have
statutory damage caps in place as of 2016.
With the strength of insurance companies and
statutory damages caps, medical malpractice cases tend to favor defendants.
Represented hospitals in challenges to credentialing and re-credentialing decisions and challenges to
statutory damages caps.
Not exact matches
It would eliminate punitive
damages and
cap statutory damages to $ 500,000.
In a July 5 opinion, the Wisconsin Court of Appeals, District 1 (Milwaukee County), found the
statutory $ 750,000
cap on noneconomic
damages arising out of medical malpractice claims was unconstitutional.
The Court held the evidence was sufficient to support a determination that Northeastern was entitled to the
statutory cap on
damages.
The Court also held that the plaintiffs» recovery, even if sustained, would be limited to $ 20,000 by virtue of the application of the
statutory cap on
damage awards arising out of charitable activities under G.L. c. 231, § 85K.
Fourthly, in rejecting the appellant's argument that upholding the trial decision could lead to indeterminate liability, the Supreme Court implicitly
capped the
damages that can flow from a single audit opinion at one year — given that
statutory audits must occur annually.
While the
statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of
damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.
All
damages in medical malpractice claims involving government - operated medical providers are paid through this fund — up to the
statutory cap of $ 500,000.
Wisconsin's
statutory cap on noneconomic
damages for medical malpractice cases has taken many twists and turns over the past 20 years.
«Each state constitution is somewhat different,» McKinney says, «but we would generally encourage policymakers to amend state constitutions if
statutory caps on noneconomic
damages are invalidated.»
I think it is fair to say that with respect to pain and suffering, you have to value a leg amputation case in Maryland on
damages as the
statutory cap on
damages plus Plaintiff's economic expenses.
«[T] he
statutory cap on wrongful death noneconomic
damages does not bear a rational relationship to the stated purpose that the
cap is purported to address, the alleged medical malpractice insurance crisis in Florida.»
There are no
statutory caps on survivorship
damages.
«A number of state courts have expressed concern that without a
statutory mandate that insurance companies lower their insurance premiums in response to tort reform, the savings resulting from reforms such as
damages caps may simply increase insurance company profits.»
A «reevaluation of the constitutionality of the
statutory cap on
damages... is necessary.»