Medical Malpractice Damages Cap Archives - Page 13 of 17

$1.5M Baltimore Medical Malpractice Verdict For Lack Of Informed Consent

May 6, 2016

A Baltimore medical malpractice jury returned its verdict in favor of the plaintiff in the amount of $1.5 million on April 29, 2016, after five days of trial and almost six hours of jury deliberations, finding that the defendant ENT had failed to obtain the plaintiff’s informed consent for a m[...]

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Wrongful Death Claims

April 23, 2016

In its opinion filed on April 19, 2016, the Supreme Court of Missouri (“Missouri Supreme Court”) upheld a constitutional challenge to Missouri’s cap on noneconomic damages in wrongful death claims, holding that the statutory limit does not violate the state constitutional right to [...]

Wisconsin $1.2B Medical Malpractice Fund Has $783M Surplus

April 13, 2016

A state audit of the Wisconsin Injured Patients and Families Compensation Fund (“Fund”) reported in March that the Fund has a balance of $1.2 billion, which represents a surplus of $783 million in the Fund (the recommended range for the Fund is $86.4 million to $376.6 million). What Is T[...]

ABA Opposes Federal Cap On Medical Malpractice Damages

April 5, 2016

In a letter dated March 21, 2016 from the American Bar Association (“ABA”) addressed to the Chairman of the U.S. House of Representatives Committee on the Judiciary and to the Ranking Member of the Committee, the ABA expressed its opposition to H.R. 4771, the “Help Efficient, Acc[...]

Maryland’s Cap On Noneconomic Damages In Medical Malpractice And Other Personal Injury Claims

April 4, 2016

The Annotated Code of Maryland, Courts and Judicial Proceedings Article, establishes various caps on noneconomic damages in medical malpractice and civil actions depending on the type of action and when the cause of action arose. The caps generally increase by $15,000 a year. In an action for damag[...]

Maryland No–Fault Birth Injury Fund Proposal Filed Again In 2016

February 1, 2016

Maryland state legislators have introduced a bill in the Maryland General Assembly (House Bill 377) during the current 2016 Session to establish the so-called Maryland No–Fault Birth Injury Fund (“Fund”), despite unsuccessful legislative attempts in the past to restrict the rights of [...]

Is The U.S. Virgin Islands Medical Malpractice Trust Fund Bankrupt?

January 14, 2016

By law, the U.S. Virgin Islands Medical Malpractice Trust Fund (“Fund”) must be sustained in order to provide for medical malpractice settlements in the U.S. Virgin Islands. The U.S. Virgin Islands Department of Health (“VIDOH”) recently responded to what it called “m[...]

Nevada Supreme Court Overturns Lower Court Decision That Cap On Medical Malpractice Damages Is Unconstitutional

October 3, 2015

In its opinion filed on October 1, 2015, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) held that NRS 41A.035, which limits to $350,000 the amount of noneconomic damages that may be awarded in Nevada medical malpractice cases, is constitutional and applies per [...]

California Hospital Medical Malpractice Lawsuit Filed For Death Of 20-Month-Old

August 31, 2015

A California medical malpractice lawsuit was recently filed against a California hospital for the death of a 20-month-old child who died while an inpatient at the hospital after having what was described as successful surgery. The child died allegedly as a result of too much sedation or due t[...]

Utah Supreme Court Nixes Medical Malpractice Noneconomic Damages Cap For Death Claims

August 21, 2015

In its opinion filed on August 11, 2015, the Supreme Court of the State of Utah (“Utah Supreme Court”) held that the noneconomic damages cap in section 78B-3-410 of the Utah Health Care Malpractice Act (“Malpractice Act”) is not constitutionally permissible as applied to wron[...]

Florida Appellate Court Holds Cap On Noneconomic Damages Unconstitutional In Medical Malpractice Cases

July 3, 2015

In its opinion filed on July 1, 2015, the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”) held that the caps on noneconomic damage awards in personal injury medical malpractice cases are unconstitutional, extending a prior Florida Supreme Court cas[...]

$17.8M Colorado Medical Malpractice Verdict For Injury To Four-Day-Old Baby

April 8, 2015

On March 27, 2015, a Colorado medical malpractice jury returned its verdict in favor of the plaintiff in the amount of $17.8 million, the largest medical malpractice verdict ever in Colorado, for the severe and permanent injury to her four-day-old baby that allegedly resulted from being given the [...]

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Category: Medical Malpractice Damages Cap