cap on damages Archives - Medical Malpractice Lawyers

Kansas Supreme Court Overturns Statutory Cap On Noneconomic Damages In Personal Injury Cases

June 15, 2019

In it opinion dated June 14, 2019, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) overturned Kansas’ statutory cap on noneconomic damages in personal injury cases, holding: “Section 5 of the Kansas Constitution Bill of Rights declares, “The right of t[...]

$1.3M Maryland Medical Malpractice Wrongful Death Verdict For Missed Heart Attack In 23-Year-Old

December 2, 2018

On November 20, 2018, after a ten-day trial, a Maryland medical malpractice wrongful death jury found an emergency room physician and his employer liable for the death of a 23-year-old patient who had gone to the emergency room complaining of chest pain. Despite an abnormal EKG and other symptoms of[...]

Iowa Enacts Hurtful Medical Malpractice Tort Reform Law

May 7, 2017

Iowa’s governor, Terry Branstad, signed into law on May 5, 2017 new legislation that limits noneconomic damages in Iowa medical malpractice cases to $250,000 unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement[...]

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

November 23, 2016

In its opinion filed on October 26, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) agreed with the 2015 opinion of the District Court of Appeal of Florida Fourth District that held that the section 766.118 caps on noneconomic damages are unconstitutiona[...]

Wisconsin’s Medical Malpractice Tort Reforms Wreak Havoc On Malpractice Victims

July 5, 2014

Wisconsin has experienced a drop of more than one-half in the number of medical malpractice lawsuits filed since 1999: in 2013, only 140 medical malpractice lawsuits were filed in Wisconsin. While the Wisconsin health care industry groups contend that the drop in medical malpractice filings represen[...]

Florida Supreme Court Says Cap On Wrongful Death Noneconomic Damages Violates Equal Protection

March 14, 2014

On March 13, 2014, the Supreme Court of Florida (“Florida Supreme Court”) held that “the cap on wrongful death noneconomic damages provided in section 766.118, Florida Statutes, violates the Equal Protection Clause of the Florida Constitution.” The case involved an Air Force [...]

Kansas Senate Seeks Medical Malpractice Cap Increase And Other Reforms

March 1, 2014

The Kansas Senate has taken the initial step to increase the $250,000 cap on noneconomic damages in all personal injury actions, including medical malpractice cases, that was enacted in 1988 but had not increased since then despite inflation. The original Kansas cap on noneconomic damages in medic[...]

Indiana Awaits Ruling Involving Constitutionality Of Medical Malpractice Cap

September 7, 2012

On May 3, 2012, the attorneys for the parties in a medical malpractice case on appeal to the Indiana Supreme Court argued their respective sides in a case that may ultimately lead to the determination of whether Indiana’s cap (limit) on damages in medical malpractice cases is constitutiona[...]

Virginia Medical Malpractice Verdict For Permanently Injured Newborn

May 21, 2012

On May 18, 2012, a Virginia medical malpractice jury returned a verdict in the amount of $9 million after ten days of trial and less than four hours of jury deliberation against two Virginia obstetricians as a result of alleged negligent medical care that resulted in a baby being born severely and [...]

Louisiana Medical Malpractice Cap Upheld (Again)

April 6, 2012

In a decision issued on March 13, 2012, the Supreme Court of Louisiana upheld as constitutional the Louisiana medical malpractice damage cap as applied to nurse practitioners (La.R.S. 40:1299.42(B) provides, in pertinent part: “(1) The total amount recoverable for all malpractice claims for i[...]

Missouri Medical Malpractice Cap Being Challenged

April 5, 2012

A 2005 Missouri law that placed caps on non-economic damages in the amount of $350,000 is presently being challenged as unconstitutional in a case before the Supreme Court of Missouri. The case involves a medical malpractice claim arising out of the birth of a baby in Missouri on November 1, 2006.[...]

We’re Celebrating One Full Year Of Daily Blog Postings!

March 4, 2012

Well, we have reached a significant milestone — one complete year of our daily blog postings (we started daily posting in our Blog on March 5, 2011 and have posted every day since). When we first started to blog, we thought that it might be difficult to find relevant, interesting informat[...]

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