Medical Malpractice Damages Cap Archives - Page 2 of 17

Colorado Supreme Court Holds Prefiling Interest Accruing On Economic Damages Falls Within Good Cause Exception To $1M Cap In Medical Malpractice Case

October 25, 2025

Colorado’s Heath Care Availability Act (“HCAA”) generally imposes a $1 million limit on medical malpractice damages awards. § 13-64-302, C.R.S. (2024). But the HCAA also provides an exception: in cases where good cause is shown, courts may find that applying the cap would be unfai[...]

Colorado Supreme Court Affirms $40M Medical Malpractice Verdict That Exceeded Cap

October 23, 2025

In a Colorado medical malpractice case, Chance and Erin Gresser, on behalf of their minor daughter, C.G., sought to recover the full amount of damages awarded by the jury, which exceeds the $1 million cap imposed by the Health Care Availability Act (“HCAA”), §§ 13-64-101 to -503, C.R.S. (2025)[...]

Georgia Supreme Court Upholds Constitutionality Of Treating Mentally Incompetent Medical Malpractice Plaintiffs Differently Than Mentally Incompetent Plaintiffs In Other Kinds Of Actions

October 20, 2025

Andreana Williams, as conservator for her mother Michelle Hewett, filed a medical malpractice action against Regency Hospital Company, LLC, Regency Hospital Company of Macon, LLC (“Regency”), and Regency’s employee Jacquita Baldwin, APRN. The defendants moved to dismiss based on the expira[...]

Ohio Appellate Court Rules Cap On Noneconomic Damages In Medical Malpractice Case Unconstitutional

October 7, 2025

On or about May 27, 2015, Susana Lyon (“Lyon”) presented at Lower Lights Christian Health Center (“Lower Lights”) with a history of GERD and tachycardia. In October 2015, Lyon presented again at Lower Lights with complaints of gastroparesis. Lyon had lost over 30 pounds since her las[...]

North Carolina Appellate Court Upholds Cap On Noneconomic Damages In Birth Injury Medical Malpractice Case

October 3, 2025

Plaintiff became pregnant in late 2018 and desired to give birth in her home. She put herself in the care of Dr. Hayes, who specialized in home deliveries. Dr. Hayes assured Plaintiff “he would be able to immediately transfer [her] to a physician specializing in high-risk pregnancies or to the hos[...]

Texas Birth Injury Malpractice Lawsuit Challenges Damages Cap

August 29, 2025

A couple from Waco, Texas has filed a Texas birth injury medical malpractice lawsuit that also challenges the cap on medical malpractice damages in Texas. The medical malpractice lawsuit alleges: “The staff at Ascension Providence Hospital was negligent in failing to adequately respond with in[...]

Georgia Supreme Court Dodges Deciding Constitutionality Of Caps On Wrongful Death Damages

August 22, 2025

After Allen Turner died from surgical complications, his daughter, Norkesia Turner (“Turner”), sued Drs. William Thompson and Heather Nolan, as well as their employer, the Medical Center of Central Georgia, Inc.(collectively, “MCCG”), for medical malpractice and wrongful death. The action pr[...]

Catholic Hospital In Idaho Drops Argument In Medical Malpractice Case That An Unborn Child Is Not A Person

June 11, 2025

On April 13, 2021, Miranda Anderson was 34 weeks pregnant when she went to Pella Regional Health Center for evaluation of her elevated blood pressure, headaches, and edema. She was transferred by ambulance to MercyOne’s Obstetrics Emergency Unit due to concerns that she was experiencing preeclamps[...]

Ohio Appellate Court Holds Cap On Noneconomic Damages As Applied In Medical Malpractice Case Was Unconstitutional

April 23, 2025

On November 29, 2022, John Paganini filed a complaint for medical malpractice against Gregory J. Louis, M.D. and his medical practice that alleged that after Dr. Louis performed cataract surgery on Paganini, Dr. Louis failed to diagnoseendophthalmitis (an infection) during his December 10, 2021 appo[...]

Oklahoma Senate Trying To Reimpose Limits On Noneconomic Damages In Medical Malpractice Cases

March 28, 2025

Oklahoma Senate Bill 1065 would increase the maximum award for noneconomic losses in cases arising from a claimed bodily injury from $350,000.00 (which was determined to be unconstitutional by the Oklahoma Supreme Court in 2019) to $500,000.00, beginning November 1, 2025. SB 1065 was approved by the[...]

California Appellate Court Holds Separate MICRA Caps Apply To Wrongful Death And Survival Claims

March 18, 2025

In October 2023, Joely Ng filed a complaint against the Los Alamitos Medical Center, Inc. and certain doctors alleging that Ng’s husband, Kenneth Ng, was admitted to the Medical Center in December 2022 due to a malfunction of his G-tube. In the emergency room, one of the defendant doctors repl[...]

$700,000 New Mexico Medical Malpractice Settlement For Negligent Recasting Of 7-Year-Old’s Leg

February 24, 2025

On February 25, 2018, a 7-year-old who was learning how to ski suffered a right hip dislocation and a tibia fracture in Red River, New Mexico. She was initially brought to Holy Cross Medical Center in Taos, New Mexico, where her hip injury was treated and a closed reduction with casting was performe[...]

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Category: Medical Malpractice Damages Cap