Are There Limits on Damages For Medical Malpractice Cases?

Up until earlier in 2014 there were caps on all medical malpractice cases, those caps were on non-economic damages, damages for intangible losses such as pain and suffering, loss of companionship, of a loved one, those caps were over turned as unconstitutional in a wrongful death case. I personally am of the belief that the case applies to all non-economic damages in all cases but the defense bar in our industry has taken the position that it applies only to wrongful death cases so there’s still some question about that. In addition, during the pre-suit phase of a medical malpractice case, if a physician admits that the act was wrongful and request arbitration caps automatically apply because under the law because you don’t have to prove that the provider deviated the standard of care and those caps are $350,000 if you proceed to a jury trial and $250,000 if you agree to arbitrate the claim.

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This informational blog post was provided by Betsey Herd, an experienced Tampa, Florida Medical Malpractice Lawyer.